Mental Disorders of Marriage Relationship in Indian Legislation

Mental Disorders of Marriage Relationship

Major mental disorders are listed both as preconditions of marriage and as grounds for divorce. Under Hindu Marriage Act, 1955, conditions in respect to mental disorders (Section 5(ii)), which must be met before the marriage is solemnized, are as follows:

• Neither party is incapable of giving a valid consent as a consequence of unsoundness of mind
• Even if capable of giving consent must not suffer from mental disorders of such a kind or to such an extent as to be unfit for marriage and the procreation of children
• Must not suffer from recurrent attacks of insanity.

It is pertinent to point out that the original provision was “neither party is an idiot or a lunatic,” which was changed to the present provision by Marriage Laws (Amendment) Act, 1976. “Recurrent attacks of epilepsy” was also a disqualification for marriage, which was removed by the Marriage Laws (Amendment) Act, 1999. Supreme Court observed that to brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life (R. Lakshmi Narayan vs. Santhi, AIR 2001 SC 21 10).

Marriages in contravention to the provision with respect to mental disorders come under voidable category. Voidable marriages (Section 12) are those which may be annulled by a decree of nullity on the given grounds but may continue to be legal until the time it is annulled by a competent court.

According to the Section 13 of the Act, divorce or judicial separation can be obtained if the person has been “incurably of unsound mind,” or has been suffering continuously or intermittently from “mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.” The expression “mental disorder” means mental illness, arrested, or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia. The expression “psychopathic disorder” means a persistent disorder or disability of the mind (whether or not including subnormality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment. In Sharda versus Dharmapaul (2003, 4 SCC 493), Supreme Court held that each case of schizophrenia has to be considered on its own merits. The medical evidence regarding the requisite degree of mental disorder is relevant though not conclusive. Supreme Court also observed that when there was sufficient evidence for the court to conclude that the slight mental disorder of the wife was not of such a kind and to such an extent that the husband could not reasonably be expected to live with her, divorce could not be granted (A.I.R., 1982 CAL 138).[6] These judgments are significant because of the importance given to the effects and the impact rather that to the mere labeling of mental illness.

The Special Marriage Act, 1954, is meant for any person in India and Indian nationals abroad, irrespective of the faith that the individual may profess. A marriage solemnized in any other form can be registered under this Act. The Section 4(a) of the Act has provisions identical to the Section 5(ii) of Hindu Marriage Act as conditions for solemnizing marriage. Similarly, Section 27 lists identical provisions in respect to ground for divorce as in Section 13 of the Hindu Marriage Act.

Under the Muslim Law, marriage is regarded as a contract. A Muslim who is of sound mind and has attained puberty is qualified to marry. In cases involving a person of unsound mind, if the guardian of the person concerned considers such marriage to be in the interest of society and is willing to take up all the monetary obligations of the marriage, such marriages can be performed. Divorce (Talaq) has to be for a reasonable cause and must be preceded by attempts for reconciliations by two arbiters. A woman can obtain a decree of divorce under “The Dissolution of Muslim Marriage Act, 1959”, if her husband has been insane for 2 years. Under Christian Law, marriage is voidable if either party is a lunatic or idiot. Christians can obtain divorce under Indian Divorce Act 1869 (as amended in 2001) on grounds of unsoundness of mind provided: (i) It must be incurable (ii) it must be present for at least 2 years immediately preceding the petition. Divorce is not admissible on ground of mental illness under the Parsi Marriage and Divorce Act, 1936. However, divorce can be obtained if the defendant, at the time of marriage was of unsound mind, provided the plaintiff was ignorant of the fact and the defendant has been of unsound mind for 2 years upward and immediately preceding the application.

Source of Article: The Indian Journal of Psychiatry 

Visit: Dr. A. Kalyan Chakravarthy, Psychiatry Specialist.