Mumbai: The Aurangabad bench of the Bombay high court has granted divorce to a man who sought divorce from his wife on the grounds that she was mentally unsound and had shown suicidal tendencies which he feared could get him into trouble if the wife took any drastic steps due to her mental condition. In granting divorce, the HC quashed an order of restitution of conjugal rights by a family court in favour of the wife stating that as the husband had made out a case under relevant sections of the Hindu Marriage Act he had a right to get a divorce.
A division bench of justices T.V. Nalawade and S M Gavhane was hearing a family court appeal filed by a 37-year-old man who was a resident of Aurangabad and had sought dissolution of his marriage with a woman from Amravati which was solemnised in 2001. His appeal had challenged the family court decision that set aside his divorce application under section 13 (1) (Ia) and (III) of the Hindu Marriage Act while upholding his wife’s application for restitution of conjugal rights under section 9 of the same Act.
According to the husband, three months after marriage, his wife started showing signs of some mental illness and the same continued over a period of time when he was informed that she had been suffering from a mental illness since before marriage. As she was under treatment, he continued cohabiting with her but after they had a female child his wife started showing suicidal tendencies and also abused their daughter. He further informed the court that as he feared that he would be implicated for any drastic action taken by his wife he withdrew from his wife’s society for some time.
After the incident, her father took her away to Amravati where her treatment continued and when she returned to Aurangabad the husband and wife were living separately. Hence he sought divorce.
Based on the wife’s admission that she had a mental disorder and was being treated for it, a fact that was corroborated by doctors treating her, the court held that the husband had a right to seek divorce and safeguard himself against any complications that may arise out of any act that his wife may commit due to her suicidal tendencies. The court while dissolving the marriage also quashed the family court order favouring the wife on the same ground.
