Patna High Court Upholds Sanctity of Marriage and Mental Health in Divorce

In a significant ruling, a bench of the court composed of Hon’ble Jitendra Kumar, J, and Hon’ble P. B. Bajanthri, J, rendered a verdict that reaffirms the sanctity of marriage and underscores the importance of considering mental health in divorce cases. The judgment, delivered on July 14, 2023, analyzed the grounds of desertion and unsoundness of mind in divorce proceedings, shedding light on the intricacies of marriage dissolution within the Indian legal framework.

The bench meticulously examined the appellant’s claims on desertion, unsoundness of mind, and mental disorders, and invoked legal precedents to elucidate the criteria that must be met for such claims to hold ground. In this context, the judgment emphasized that desertion entails more than temporary separation, requiring both the fact of separation and the intention to bring cohabitation to a permanent end. As per the court, desertion is “a matter of inference to be drawn from the facts and circumstances of each case.”[^1^]

The court also underscored the gravity of considering mental health issues in divorce cases. It clarified that not all mental abnormalities are recognized as grounds for divorce, and the degree of the mental disorder must be such that the spouse seeking relief cannot reasonably be expected to live with the other. The judgment highlighted the societal significance of marriage as a revered institution, calling for a balanced approach when dealing with challenges arising from illnesses or hardships, including mental disorders.[^2^] The court noted that “Marriage is highly revered in India... Life is made up of good times and bad... The partners in a marriage must weather these storms and embrace the sunshine with equanimity.”[^2^]

The verdict critically evaluated the evidence presented, addressing claims of desertion, mental disorders, and unsoundness of mind. The court emphasized the importance of medical evidence and records in proving mental health claims. It concluded that the appellant had failed to prove the alleged unsoundness of mind and mental disorder of the respondent, thus denying the appellant’s plea for divorce.

In a statement following the judgment, legal experts hailed the ruling as a landmark decision that underscores the delicate balance between upholding the sanctity of marriage and acknowledging the complexities of mental health. The verdict has implications not only for legal proceedings but also for promoting understanding and empathy in familial relationships.

• “Marriage is highly revered in India and we are a nation that prides itself on the strong foundation of our marriages... The partners in a marriage must weather these storms and embrace the sunshine with equanimity.”[^2^]
• “The context in which the idea of unsoundness of mind as ‘mental disorder’ occurs in matrimonial law as grounds for dissolution of a marriage, requires the assessment of the degree of the ‘mental disorder’. Its degree must be such that the spouse seeking relief cannot reasonably be expected to live with the other.”[^3^]

This judgment not only offers legal insights but also reflects a societal commitment to valuing marriage and considering mental health with sensitivity in divorce cases.

[^1^]: Para 49 to 57

[^2^]: Para 61

[^3^]: Para 63

Date of Decision:14^th July 2023

Bharat Prasad Gupta vs Asha Devi