Can divorce be sought on the ground of a spouse's mental disorder?

Question

My spouse has been diagnosed with a serious and incurable mental disorder. Can I use this as a ground to seek divorce? I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Hindu Marriage Act 1955, Section 13(1)(iii) is the starting point for this family law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Section 13(1)(iii) permits divorce where the respondent has been incurably of unsound mind or has suffered continuously from mental disorder of such a kind and degree that the petitioner cannot reasonably be expected to live with them.

Mere eccentricity, minor behavioural issues or occasional treatment for stress does not meet the threshold; the disorder must be severe, continuous and substantially incapacitating.

Expert medical evidence under Section 45 of the Indian Evidence Act, typically from a qualified psychiatrist, is essential to establish the nature, degree and permanence of the condition.

The Mental Healthcare Act 2017 emphasises the rights and dignity of persons with mental illness, and courts are cautious not to stigmatise treatable conditions as grounds for divorce.

Courts have held that a spouse's temporary or curable mental health treatment is not sufficient, and the petitioner must show the condition makes normal married life practically impossible.

In practice, in this order: 1) Obtain a detailed psychiatric evaluation and treatment history to support the petition; 2) File the petition under Section 13(1)(iii) along with medical evidence; 3) Be prepared for the court to appoint an independent medical examination if the diagnosis is disputed; 4) Consult a lawyer experienced in matrimonial matters involving medical evidence.

Timing matters here: Hindu Marriage Act 1955, Section 13(1)(iii) works on limitation periods, so a mental disorder divorce ground claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.