Divorce, Nullity, Marriage and Maintenance

Divorce, Nullity, Marriage and Maintenance

In India, issues of marriage, nullity and divorce are governed by personal laws i.e
laws enacted for different religious groups. These laws are specially designed
keeping in mind the customs and traditions of the religion and are applicable only to
people of that religion. Broadly, there are four personal laws viz., Hindu (including
Sikhs, Jains, Buddhists) Christian, Muslim and Parsi laws. Consequently, there is no
universal law governing all Indians in marriage related issues. In most of these laws,
other than the Muslim law, a sound mind and the ability to understand the
implications of marriage and the responsibilities thereof are the prerequisites of a
valid marriage. Under the Muslim law, a marriage of a person with mental disability
is valid if consent is given by the guardian on his or her behalf.
Mental disorder is a ground for dissolution of marriage under a majority of the
personal laws. The law relating to divorce is based on two main principles: Firstly,
that the person is suffering from a mental disorder of an incurable nature; secondly,
that the person should be impossible as a result of the disorder.
Similarly, for a suit for annulment to be successful, it is important to prove that the
spouse was suffering from a mental disorder from the time of marriage and that this
fact had been concealed. Therefore, even if it has been shown that the person was
suffering from unsoundness of mind after marriage, for the grant of nullity it is
important to show that the spouse also displayed abnormal behavior before the
wedding.
In all cases of this nature, it is evident that the Courts scrutinize evidence and
documents before passing a judgment. The Court dismisses arguments that are
backed only by reckless allegations unless they are supported and substantiated. For
instance, merely proving an individual to be suffering from a mental disorder is not
enough. While granting divorce, the Court looks at the circumstances on which
divorce is being asked for and the degree and nature of the mental disorder. The
court believes that the disorder should be of such a degree that it is becomes difficult
to live with the person. Prognosis of the disorder, ie, whether it is curable and
controllable or not is another important aspect that is often considered by the law.
In cases of this nature, the opinion of a medical expert is always sought. Where
mental condition of a spouse is the controversial issue, the Court has the authority to
issue a direction for medical examination. The Court also looks at other
circumstances before passing any judgment. If the individual has been cured of a
previous illness or does not suffer from a mental disorder, which can be harmful for
the person or others, the Court usually favors the weaker party.
Irrespective of these checks and balances, people have made attempts to misuse
this illness as a ground for getting out of their marriage. In one such case, the
husband approached the Court seeking dissolution of his marriage on the grounds
that his wife was suffering from a mental illness and that she was behaving
abnormally since 15 days after the marriage. The Court held that as the claim was
filed the case 4 years later it indicated that the nature of the problem was not of a
nature that it was impossible for the two to live together.
Similarly, a case was filed after 13 years of marriage against a wife stating that she
was suffering from a mental disorder since the day of the wedding itself! The Court
examined the wife and said that there was no evidence of a mental disorder and also
commented that there might be other possible reasons for filing the divorce petition.
Not surprisingly, the number of women approaching the Courts for divorce and
annulment of their marriage on grounds of unsoundness of mind are negligible.
However, there have been a few instances when women have come to the court it
has been to defend themselves as the lower Court may have passed a judgment
against them. The Higher Courts have been sympathetic towards the weaker party
(mostly women) in the suit.