Mental Illness, Marriage, Divorce and Law [Law, Psychiatric illness and Divorce]

Law, Mental Illness, Marriage and Divorce
Mental illness of a person itself is not a ground for divorce; according to law, if a person has mental disorder of a kind that the spouse cannot be reasonably be expected to live with them, then divorce may be granted.
The mental disorder has to be of such extent that the partner cannot live with him/her. There are stages of severity and the court needs to decide, depending on the case in hand. The problem is that many of them working in the court are often not sensitized or sufficiently aware of mental health issues or severity or treatment related matters. However, the Apex court judgements revolve around whether the person with mental illness is capable of leading a married life
Divorces based on the mere presence of mental disorder is not the norm but the mental illness should be so severe to the extent that the petitioner cannot reasonably be expected to live with the respondent have been the clear stand of the Apex court's case laws in India
Psychiatrists may be called in to provide opinion regarding the presences of mental illness and severity of mental illness. However, determining unsoundness of mind can be a difficult issue, especially when made in retrospect.
In India arranged marriage is the norm. The concealment of prior history of mental illness from the prospective party and offer of handsome dowry facilitate the solemnization of marriage in the background of arranged marriage. After marriage when mental illness is discovered in the women, rejection is common. Various marriage laws - personal laws (such as e.g., Hindu Marriage Act, Special Marriage Act, etc.,) have put some restrictions on marriage of persons with mental illness, making the marriage voidable if illness is severe and chronic and disabling.
Issue becomes more complex, when mental cruelty dimension is added. The Supreme Court had examined the concept of legal cruelty in Dastane v Dastane (1975). In that case, the court held that the wife threatening she would end her life, and verbally abusing the husband and his father, among other acts, amounted to mental cruelty, and granted divorce to the husband. The courts have also given similar relief in other cases, including those of persistent drunkenness and repeatedly making unfounded allegations. If one spouse establishes extramarital affair with another lady/man, it is considered as an act damaging the foundation of the marriage and divorce is granted. And if one of the spouses makes such allegations and he/she fails to prove it, it is considered as an act causing mental pain to other spouse and considered as an instance of cruelty.
The relation between marriage and mental illness is indeed a very complex and multi-faceted one. Besides each influencing the outcome of the other, the matter also has legal, social, economical and moral dimensions associated with it.

[@rosy1356]

Meri shadi ko 16 years ho gye Mere husband ki shadi se phle sizophrenia ki medicine chal ri thi lekin ye bat chhupayi gyi maine apni study ko bhul kr unko time dia lekin aaj mujhe job k liye struggle krna padta h or hsbnd aaj bhi medicine lete h kam kuchh nii krte mere do bachche h kya kru bhot preshan hu

[@ashish31945]

The one who is suffering with a schizophrenia wife, that man only know the hardships and hell that life becomes. This prof talks as if other normal people are going for divorce just because they came to know that their spouse is suffering from schizophrenia. Its not that. Day to day life becomes unbearable. This prof needs to understand this before making a single sided video.

[@SureshBadaMath]

Thank you very much for sharing your feedback. I respect your honesty and feelings. I tried to highlight the legal aspects and apex court ruling only.

[@MA-qw6cb]

I don’t underestimate your suffering but Such comment foster stigma against ppl with schizophrenia.

[@happymindludhiana]

Congrats dear Dr Suresh for an excellent presentation and simplifying this complex topic Thanks Dr rajeev Gupta Ludhiana

[@SureshBadaMath]

Thank you very much for your encouraging feedback

[@Shirsak1]

If physical illness like impotency or terminal disease can be a ground for divorce, why can't mental illness be a ground for divorce ?

[@YourPsychFriend]

Very nice video Sir clearing all concepts related to mental disorders and legal issues with marriage's.

[@SureshBadaMath]

All the best

[@ashishg7739]

Sir greatest video on youtube... kind off u saved my life... highly appreciated

[@SureshBadaMath]

Thank you very much for your valuable feedback. I am glad that it was helpful

[@ashishg7739]

@@SureshBadaMath sir my wife is actually suffering from major issues, Which me and my family was unaware .. it's been 1 month since me and My family got to know that my wife has major depression and schizophrenia and bipolar disorder and borderline and its a long list... I have a request, I wish to share that lilavati hospital report with you.... could you please share your email ID. I wish to connect with you, I found u can guide me correctly, me and my family are innocent... please your communication as guidance can save me and family.... 3 year old boy and 1 year old baby girl ... please can you connect with me ... humble request

[@harigandi4330]

Great video Sir.. Your recommendations should mandate in the law. Disclosure should be done before marriage. Appreciated & thanks to create awareness and to understand better.

[@SureshBadaMath]

Thank you very much for your feedback

[@harigandi4330]

@@SureshBadaMath if possible can I have your mail-id please ? I need your suggestion. I'm struggling a lot & cheated by in-laws regarding hiding illness of my wife.

[@ajra8361]

Hi brother, Can I have your number? Wanted to talk with you as I am also suffering like you

[@AbinashKumar-ph9pl]

​@harigandi4330 can u please tell me how you proceeded with this issue ? I'm facing the exact same issue. Plz reply me back.

[@here2hear90]

If the person has past unresolved trauma and in laws are also adding to it, such that thw person has started developing anxiety and panic attacks...and now the person is on pills and visits therapist....can in laws later twist it to mental.illness and cause divorce complication?

[@SureshBadaMath]

Please discuss with your treating doctor. Treating physician will be in a better position to answer your question. He will be able to answer based on your illness, symptoms, duration, disability, treatment response and comorbidity, will that can be a ground for divorce. So please discuss with your doctor

[@bhavikavajawat4877]

Thank you sir, this video has been extremely helpful

[@Shirsak1]

Professional excellence has absolute no connection with schizophrenia . Some schizophrenic people are intelligent and excel in their own professional field. But that doesn't mean they are fit for maintaining any relationship especially marriage. American mathematician John Forbes Nash Jr. also used to suffer from schizophrenia. He was a great mathematician and was a recipient of Nobel Prize for his famous Game theory. But her wife couldn't able to deal with his illness and divorced her within six years of their marriage. In India , a woman can easily get divorce from her spouse if her husband suffers from mental illness but vice versa is very tough .

[@Shirsak1]

What if Schizophrenia is suppressed during time of marriage by spouse's parents ? can it tantamount to fraud ?

[@sakshi518]

In that case file for section 11 of HMA and if proven your marriage would be declared null n void

[@rohitmanohar2733]

Sir if a girl suffering from schizophrenia and my unable to react to even small thing like unable to smile in her marriage and later on husband came to that she is suffering from mental issue , at that this marriage is voidable? ,Can we get divorce for this without alumini.

[@SureshBadaMath]

Difficult to answer. Please consult an advocate

[@letsstudywithshrutimahajan9910]

Hello sir hum bhi is problem mei fass gaye hai Please suggest.girl ko psychotic case hai Hmare sath fraud hua hai.kya kare😭advocates se bhi kuch samaj nahi aa rha.brother only working member hai.parents senior citizen hai.btao kya kare

[@letsstudywithshrutimahajan9910]

@rohitmanohar2733 kya kare hume bhi btao

[@prafulbodele500]

Very Nice and informative video

[@SureshBadaMath]

Thank you

[@swatioberoi515]

Thanku sir for such videos..🙏 waiting for more ahead

[@SureshBadaMath]

Welcome

[@Satori1300]

Sir, I am suffering from mild-to-moderate case of Tourette Syndrome (Eye blinking tic, grunting tic (not too frequent - maybe three times in a day), and body jerk tic. YGTSS score varies between 20-35 out of 100. I am earning well, have a good degree, but I can't drive. Also, I do disclose about my condition to the prospective partner when I am meeting face-to-face. Need to know am I unfit for marriage? If I get married in the future, and let's say know, the wife (pre-informed prior to the marriage) now wants a separation, so will the courts decide against me i.e. will the marriage he considered as voidable? Awaiting for your reply.

[@SureshBadaMath]

Your question can’t be answered in simple words But Tourette syndrome is not a ground for divorce Please consult an advocate

[@gayatrikarunakaran6926]

Excellent video,sir🔥👌!

[@SureshBadaMath]

Thank you very much for your feedback

[@bhanuprakash1721]

Very useful sir.

[@SureshBadaMath]

Thank you very much for your feedback

[@marialee9068]

Is this applicable in the USA?

[@rmszzzz]

Sir, what is the framework used in Psychiatry?????

[@SureshBadaMath]

Clinical framework- Based upon severity of illness, response to treatment, able to achieve premorbid level of function, number of episodes, fulfill the obligation of marriage and take up responsibilities. Legal Framework - the spouse cannot reasonably be expected to live with the person with mental illness Divorces based on the mere presence of mental disorder is not the norm but the mental illness should be so severe to the extent that the petitioner cannot reasonably be expected to live with the respondent have been the clear stand of the Apex court's case laws in India

[@rmszzzz]

@@SureshBadaMath Thank You so much Sir 😇

[@abdussalamkainot3557]

Sir your all vedios grate work 👍👍

[@bunnyboy4546]

Great

[@SureshBadaMath]

Thanks

[@thamizhselvam2698]

I am facing same issue where the ground for dissolution of marriage matches one of the case you have cited here. How to get case number to get full details and cite them in court?

[@SureshBadaMath]

Please google it or consult an advocate

[@IndianBoy77]

If I have piles and hide this fact while marrying, can my spouse take divorce?

[@SureshBadaMath]

Please take treatment first. Consult a good surgeon from a reputed medical college

[@debalinadey2302]

Sir does MDD and mild anxiety can consider as severe mental illness to law? With this depression and anxiety the person is working as an engineer also fulfill all duties to her family.

[@SureshBadaMath]

Please consult the treating doctor. Difficult to opine

[@mallikaramakrishnan1961]

If we disclose the information what will happen

[@SureshBadaMath]

The relation between marriage and mental illness is indeed a very complex and multi-faceted one. Besides each influencing the outcome of the other, the matter also has legal and moral dimensions associated with it. Further, disclosure of mental illness before marriage gives an opportunity to both the parties to make (support) or break (no marriage) is an essential component of marriage alliances discussion.

[@lingrajbpattur7777]

Sir,What are the divorce rules governing spouse with personality disorder like Narcissistic Personality Disorder or Borderline Personality Disorder.

[@SureshBadaMath]

Personality disorders are not a ground for divorce

[@lingrajbpattur7777]

@@SureshBadaMath Thanks a lot sir…💐

[@RelationshipPro2024]

Sir if a person has a mentally ill wife or husband and leave alone schizophrenia what about the narcissist wife or husband I am myself caught with a mentally ill mother and most of the people don't believe me because I am criticising a parent and parents in India are always supposed to be correct

[@neetusharma198]

If wife gives divorce to the schizophrenic or OCD sufferer husband . Is husband will be forced to give alumni to his wife by the court. The husband is unemployed due to its mental illness. Plz reply me.

[@SureshBadaMath]

Without knowing the complete details of the situation and case, it is simply impossible to give opinion Please discuss with an advocate

[@thanushasherin1590]

Is it possible to remarry the spouses

[@SureshBadaMath]

I didn’t understand your question

[@thanushasherin1590]

@@SureshBadaMath sorry sir... Remarry the ex husband

[@thanushasherin1590]

@@SureshBadaMath after divorce

[@SureshBadaMath]

Legally speaking possible but the ground for divorcé shouldn’t be something like - ill health, unsoundness of mind etc

[@foodiesshorts6359]

Mai aapse appointment lena chahti hu

[@foodiesshorts6359]

Hi doctor

[@MexicoAdventurer]

My wife is a nutcase and I will not deal with it anymore.

[@nikhilgaud5399]

Well what kinds of certificates are needed to prove mental illness. Are just prescription from a Psychiatrist enough to prove mental illness.😊

[@SureshBadaMath]

To prove mental illness Sec 105 of Mental Healthcare Act - If during any judicial process before any competent court, proof of mental illness is produced and is challenged by the other party, the court shall refer the same for further scrutiny to the concerned Board and the Board shall, after examination of the person alleged to have a mental illness either by itself or through a committee of experts, submit its opinion to the court.

[@nikhilgaud5399]

@@SureshBadaMath Aren't Mental illness curable and also no past mental illness treatment or asylum stay would be considered as a criteria for declaring anyone as mentally ill in a present time.

[@RamadeviSeelam-wb7lg]

Please translates in telugu

[@JanabArif]

hindi vidio pleawswe

[@foodiesshorts6359]

I am dr Pallavi

[@MahaLakshmi-um8zu]

Divorce case If a spouse ( Men) says she has mental issues( Women) Please judges has to ask what are the causes of illness.... men would have given mental torture..... If a person is involved in culprit you will give punishment Why men are not asked................ If a spouse is severing from mental illness and the cause for illness is 100% Husband Men has to be punished........... .

[@SureshBadaMath]

I completely agree with you. New Mental Healthcare Act 2017, Sec 105 - If during any judicial process before any competent court, proof of mental illness is produced and is challenged by the other party, the court shall refer the same for further scrutiny to the concerned Board and the Board shall, after examination of the person alleged to have a mental illness either by itself or through a committee of experts, submit its opinion to the court. This board may do justice regarding the issue you have raised

[@sandeepkatira7898]

Usually mental illnesses are either from birth or have their seeds in early childhood

[@foodiesshorts6359]

Plz reply

[@Chouhan-o6r]

Hindi me bolte to Accha hota