Husband files for divorce from wife citing her mental illness starting much before marriage; High Court denies divorce on this ground

After quite a few years of being married to her he felt cheated when he discovered about her hidden mental illness, which she allegedly had since birth. When confronted in a community meeting, her father told that she had mental illness and so he will take full responsibility for this. The husband alleged that her parents hid this fact from him before they tied the knot. The husband also said that during their marriage in 2008 and after welcoming their two daughters, everything seemed fine at first, but then he started noticing her abnormal behaviour like shouting, damaging household items, using abusive language, and hitting the kids for no apparent reason.

When he enquired further, he found out she was taking psychiatric medicines, although she initially claimed they were multi-vitamins. He eventually had her medically examined, and she was diagnosed with schizophrenia, a serious mental illness.

Despite his numerous attempts to help her and mend their relationship, she eventually left the matrimonial home in October 2018 with one of the daughters and never returned. Thereafter, he filed an application under Section 12 of Hindu Marriage Act, 1955 seeking annulment of marriage on the ground of fraud and, alternatively, sought divorce on the ground of cruelty.

The matter was registered as Civil Suit No.171/2022 before the Family Court. However, even after repeated notices, she didn’t show up, so the proceedings had to continue without her presence (ex parte) on July 6, 2022.

The Family Court, after considering the husband’s pleadings and evaluating the evidence adduced by him, dismissed the application for the divorce application with an order dated January 4, 2023, on the ground that he has failed to prove that she was suffering from schizophrenia (mental illness) since birth. He then filed an appeal in Chhattisgarh High Court, which delivered its judgment on August 14, 2025. The High Court also denied his appeal.

Husband’s lawyers told the court that the wife’s father admitted that she had a mental illness since birth

An extract of the arguments presented by the Husband’s lawyers read:

• “It has been argued that during a community meeting held on August 17, 2018, the father of the respondent (wife) himself admitted that his daughter was suffering from a mental illness and accepted responsibility.
• “It is also pointed out that the respondent (wife) voluntarily left the matrimonial home in October 2018 and has not returned to cohabit with the appellant (husband) since then, which also reflects desertion without reasonable cause.

The husband’s lawyers said that in light of the above submissions, it is prayed that the impugned order dated January 4, 2023 passed by the learned Family Court be set aside, and the marriage between the parties be declared voidable and annulled under Section 12 of the Act of 1955 or in the alternative, a decree of divorce on the ground of cruelty and desertion be granted under Section 13(1) (ia) and (ib) of the Act of 1955.

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High Court says: Husband did not give any clinical record that can prove she had mental illness

The Chhattisgarh High Court said that (extract) though the appellant (husband) claimed that the respondent was treated by psychiatrists (doctors), he failed to examine either of the doctors in support of his case.

Chhattisgarh High Court said: “There is no certificate of diagnosis or any clinical record produced on record that can conclusively prove that the respondent (wife) was suffering from Schizophrenia or any other mental illness to such an extent that would render the marriage voidable under Section 12(1)(b) of the Act of 1955.”

Chhattisgarh High Court further said that in matrimonial proceedings seeking annulment of marriage on the ground of mental incapacity, it is incumbent upon the petitioner to establish, through clear and convincing evidence, that the respondent was suffering from a mental disorder of such a nature or to such an extent as to be unfit for marriage and procreation of children.

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Chhattisgarh High Court said: “In the absence of any medical expert’s testimony, and without any clinical diagnosis confirmed by competent witnesses, such a serious ground cannot be accepted as proved.”

Following are the court precedents which said that it is essential to establish that the mental disorder is of such a kind and extent that it is not only incurable, but also renders the spouse unfit for marital obligations:

• Sm. Anima Roy v. Probodh Mohan Roy (1968 SCC OnLine Cal 89)
• R. Lakshmi Narayan v. Santhi, (2001) 4 SCC 688
• 2024 SCC OnLine SC 1654

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Chhattisgarh High Court final judgement

Chhattisgarh High Court said on August 14, 2025:

• In the present case, although the respondent-wife remained ex parte, the appellant-husband was still required to prove his case on the strength of his own evidence. It is a settled principle that non-appearance of the opposite party does not amount to admission of allegations, and the appellant must discharge the legal burden of proof independently.
• Furthermore, although the appellant-husband has made specific allegations regarding the respondent-wife’s mental illness, i.e., schizophrenia, he has failed to substantiate those claims with reliable and admissible evidence.
• It transpires from the record that, apart from filing certain prescriptions, the appellant (husband) did not examine any of the treating doctors to prove that the respondent (wife) was suffering from such mental disorder at the time of marriage. The documents filed remain unproven and cannot be treated as substantive evidence in absence of medical expert testimony.
• In light of the above discussion, this Court is of the considered opinion that the appellant-husband has failed to discharge the burden of proof required to seek annulment of marriage under Section 12 of the Hindu Marriage Act.
• The findings of the learned Family Court, which dismissed the appellant’s (husband) application after a thorough appreciation of the evidence, are found to be just, proper, and in accordance with law and therefore, warrant no interference in appeal.

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Judgement: “In the result, we find no merit in the present appeal. Accordingly, the appeal is dismissed and the order and decree dated 04.01.2023 passed by the learned Family Court, Durg in Civil Suit No. 171/2022 is hereby affirmed. There shall be no order as to cost(s).”

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Arnaz Hathiram, a digital media professional, says: “The way women and families engage in thorough background checks of men before marriage, it’s time that both spouses have basic medical check-ups before marriage. This case shows that you are virtually trapped with a spouse for life, who allegedly chose not to reveal their medical history before tying the knot. In the current case, parties have been living separately since 2018, and marriage merely now exists on paper, not in practicality.”