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Jharkhand High Court: Solid Evidence Mandatory for Divorce on Grounds of Mental Illness, Husband’s Petition Rejected

Shivam Y.

The Jharkhand High Court dismissed a divorce petition based on alleged mental illness of wife, stating that such claims must be supported by solid and reliable evidence. Read the detailed court judgment.

Jharkhand High Court: Solid Evidence Mandatory for Divorce on Grounds of Mental Illness, Husband’s Petition Rejected

In a significant judgment, the Jharkhand High Court stated that if a husband seeks divorce on the grounds of his wife’s mental illness, he must present “solid, reliable and authentic evidence” to support his claim. Allegations or suspicion alone are not sufficient for granting a divorce.

Read in Hindi

A division bench comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar gave this decision while hearing an appeal by a husband who had accused his wife of mental disorder, cruelty, and desertion. Earlier, the Family Court in Chatra had dismissed his petition.

“Only vague and general allegations are not enough to prove mental illness or cruelty. As per law, the party seeking divorce must support it with concrete, factual, and authentic evidence,” the High Court clearly stated.

Read also:- Jharkhand High Court Enhances Alimony to ₹90K for Wife and Autistic Son, Citing Husband’s High Income

The three witnesses presented by the husband did not include any medical documents, psychiatric opinions, or treatment records. The Court observed that the wife herself had clearly stated that she wished to continue her marital life with the husband and wanted to live as a devoted wife.

“The wife said in court that she wishes to provide love, respect, and care to her husband and is ready to fulfill all marital responsibilities throughout her life,” noted the Court.

The Court also examined the grounds of cruelty and desertion and held that the husband failed to prove any of these allegations. The wife’s six witnesses confirmed that she was completely mentally sound and that no clear evidence of mistreatment or cruelty by her toward her husband or in-laws was presented.

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“For mental disorder, expert psychiatric reports, treatment history, and behavioral evidence are necessary,” the Court said. Without this, a divorce plea cannot be accepted.

In its decision, the High Court reiterated that under Section 13(1)(iii) of the Hindu Marriage Act, divorce can only be granted if it is proven that the mental illness is of such a nature that it makes the marriage unworkable.

Ultimately, the Court upheld the Family Court’s decision and dismissed the husband's appeal.

“A marriage cannot be dissolved merely on allegations or suspicion; the court will not grant divorce without solid and authentic proof,” the court said while delivering the judgment.

Case Title: X vs Y