The Jharkhand High Court has dismissed a man's appeal seeking divorce on grounds of his wife's alleged mental illness and cruelty, ruling that he failed to establish either charge with sufficient evidence.Upholding a Family Court order rejecting the divorce petition, a division bench of Justices Sujit Narayan Prasad and Pradeep Kumar Srivastava observed that marriage requires partners to support each other through difficult times.The husband, an ex-Central Industrial Security Force (CISF) personnel, had challenged the Chatra Family Court's September 7, 2024, order.The couple, residents of Chatra district, married in January 2016 and have a son. The husband, who was posted in Rajasthan's Kota, alleged that his wife displayed unusual behaviour, including laughing without reason, talking to herself and appearing inappropriately dressed before relatives.
He also claimed her family had concealed her alleged mental health condition before the marriage. The wife denied the allegations and accused him of harassing her over a Rs 5 lakh dowry demand.
She has been living at her parental home since 2021.Examining the cruelty allegations, the High Court found that neither the husband nor his witnesses could cite specific incidents of physical violence, verbal abuse or harassment. It said the allegations were general and unsupported by sufficient evidence.
The bench also questioned the claim that the wife's family had concealed her alleged mental illness, noting that the husband's family members knew her before the marriage. On the mental illness ground under Section 13(1)(iii) of the Hindu Marriage Act, the court said a condition could justify divorce only if its nature and severity made it unreasonable to expect the spouse to continue living with the other.
Such a condition must be established through expert evidence.The husband relied on a psychological assessment by Dr M Jaleel, which referred to the possibility of schizophrenia. However, the report did not conclusively diagnose the condition or describe it as incurable.A medical board constituted at the Ranchi Institute of Neuro-Psychiatry and Allied Sciences (RINPAS) also examined the wife and found no signs of mental illness.
Although the husband questioned its findings, he did not cross-examine any board member, the court noted.The bench further observed that the wife responded to questions normally in court, was taking care of their son and had expressed willingness to resume marital life. The husband, meanwhile, admitted that he had not provided financial assistance for his wife and child's maintenance.Referring to a Supreme Court judgment, the High Court said marriage is a commitment to stand by one's partner through happiness and sorrow.
It observed that couples are expected to face illness and difficult circumstances together, adding that unusual behaviour or allegations alone cannot justify ending a marriage without adequate evidence.Finding no legal grounds for divorce, the division bench dismissed the appeal and upheld the Family Court's order. Advocate Jyoti Nayan appeared for the petitioner.- Ends