NEW DELHI: The Jharkhand high court has ruled that the mere existence of a mental disorder cannot be a ground for divorce under the Hindu Marriage Act. The court held that a spouse seeking divorce must prove not only the existence of the illness but also that it is of such a nature and extent that the parties cannot reasonably be expected to live together.

The bench made the observation on July 23 while dismissing a husband's appeal against a family court order refusing to dissolve his marriage on the grounds of his wife's alleged mental illness and cruelty.

What was the dispute aboutAccording to the court order, the couple got married in June 2017. The husband later approached the family court seeking divorce, claiming that on the very first night after the wedding he discovered that his wife was suffering from a chronic mental disorder, allegedly which her family did not informed before the marriage. He further claimed that her behavior amounted to mental cruelty.

However, wife denied all the allegations. She alleged that she had never suffered from any mental illness and instead claimed that she was harassed over dowry demands, including the demand for a four-wheeler vehicle. She told the court that she was willing to continue the marriage.

The family court rejected the husband's plea, following which he approached the high court.

Why did the high court reject the husband's appeal?The division bench of

Justice Sujit Narayan Prasad and

Justice Pradeep Kumar Srivastava held that the husband had failed to produce any medical evidence, expert testimony or documentary proof to establish that his wife was suffering from a mental disorder of such a nature that he cant live with her. The court also found that the allegations of cruelty were not supported by any evidence.

"Section 13(1)(iii) of the act does not make a mere existence of a mental disorder of any degree sufficient in law to justify the dissolution of marriage," the bench said.

"Significantly, the petitioner/husband has not examined any medical practitioner or jurist to prove the alleged mental illness of the respondent/wife. There is no medical evidence on record to substantiate the allegation. No document has been produced by the appellant/petitioner to support his case," it further added.

The court also noted that merely alleging that the wife is suffering from health related problems is not a ground for divorce in law.

The bench also agreed with the family court that the husband had failed to establish cruelty or prove that his wife had been suffering from a mental disorder within the meaning of the Hindu Marriage Act. Finding no infirmity in the family court's judgment, the high court dismissed the husband's appeal and upheld the refusal to grant divorce.