A bench of the Supreme Court of India, headed by Justice GS Singhvi, ruled that a divorce can only be granted if a party proves that the mental disorder is of such a nature that it is difficult to live together.
The judgment was delivered in an appeal by a man to the Supreme Court, seeking divorce from his wife as she was suffering from Schizophrenia. The bench said that there was no provision in the Hindu Marriage Act (HMA) for the existence of a mental disorder of any degree to be sufficient to grant divorce.
“This court cautions that Section 13 (1) (iii) of HMA does not make a mere existence of a mental disorder of any degree sufficient in law to justify the dissolution of marriage”, the Supreme court had ruled.
Respected Sir,
What is the difference between Judicial Separation and Mutually Consented Divorce.If in a Mutually Consented Divorce,wife is the Petitioner No 1,but during the cooling off period wife withdraws her consent for divorce,the case is dismissed.But if the husband(Petitioner No-2)still wants divorce apprehending drastic action of wife(in consideration of feminine friendly laws) on coming back,can the husband ask the court for judicial separation SINGLE HANDED and on what ground?Actually we want to safeguard the boy ,in case the girl returns
So far as we know case for judicial separation is made also on the same grounds for contested divorce case.With thanks
My sister got married in the month of May 2013. She is unhappy with the marriage. Though there is no dowry matter but still she is feeling tortured due to her in laws family rough behavior. Her husband is also not supporting her and she is in deepression. She has came to our house and want divorce. What is the procedurre and ground under which she can get divorced? Her marriage is not registered till date?