- We have been saying that Indian matrimony has become a bondage, a modern day slavery for MEN.
- There are innumerable examples of such slavery where men are yolked to unhappy and unproductive marriages, where men are forced to pay maintenance to deserting and un deserving wives, where elderly parents and sisters are arrested and defamed … The list is almost endless
- Here is one such case where a husband is DENIED divorce and the court goes on to lecture the man saying he should take care of the wife because schizophrenic women need care !!
- The husband is asked to “go and take care” of her though the husband does NOT seem to be responsible for her illness (please note that the husband has tried to bring home the point that she was suffering from schizophrenia even before marriage and that was hidden from him ) !!!
- IF the Hon court had just said NOT sufficient evidence – that’s fine, it’s court’s prerogative to weigh the evidence
- IF the Hon court said NOT serious ailment NOT cruel enough etc etc – that’s subjective , but still court’s prerogative
- If the Hon court had said go for counseling or mediation or psychiatric counseling to ascertain the facts that’s still procedure
——— but the Hon court is supposed to have said much more ——-
- Now the court has started a fully *bashan* on why men should go and “treat” such cases the matter is NOT only of evidence but also setting a *bad* precedent
- when the Hon court goes into stats (% of ill ppl suffering mental illness) and starts asking should those people be divorced etc, then the whole thing sets a bad precedent
- This is when Sec 13 i iii of HMA clearly includes schizophrenia as a valid cause for divorce !!
>>>>>>>>>>> news from public websites>>>>>>>>>>
HC GIVES A PIECE OF ITS MIND TO DIVORCE SEEKER
In a landmark judgement, the Karnataka high court has said what many feared to utter — that a partner who suffers from a mental illness needs to be taken care of, and not abandoned. Each year, thousands of divorce cases are filed on the basis of the mental state of the spouse — usually the woman.
The High Court relied on the following data to arrive at its conclusion:
* More than 450 million people across the globe suffer from mental illnesses, according to WHO.
* Schizophrenia, depression, epilepsy, dementia, alcohol dependence and other mental neurological and substance-use disorders make up 13 per cent of the global disease burden, suppressing both cardiovascular disease and cancer. (National Institute of Health, USA).
* By 2030, depression will be the second-highest cause of disease burden in middle-income countries and the third highest in low-income countries (WHO).
Dismissing a petition brought by a husband seeking divorce from his wife because she suffers from an unknown mental illness, the HC, citing these statistics, said, “If that is so, could it be said that such sufferers are to be discarded and eliminated from the mainstream? Enormous progress is achieved in the field of medicine, with cake-cut medical treatment made available for mental ailment, easily accessible to the public at large. As a matter of fact, cooperation, compassion and support of family and friends is the vitaliser in such cases, in addition to medication for convalescence. But here is the husband who is for abandoning his wife for no fault of hers. In all probability, this attitude will have an adverse effect on her mental health.”
The husband, 29, and wife, 24, are from Ballari and were married in 2011. In 2015, the husband filed for divorce in a family court citing several strange instances involving his spouse. Allegedly she used to “walk out of bed during night hours, spread her hair, smile, hit her head against the wall and shake it strangely”. She was allegedly violent towards her husband when he tried to have sex and would sometimes walk out of the bedroom and sleep in the bathroom or hall of the house. It was also alleged that she was diagnosed as suffering with schizophrenia and was taking treatment for it. It was alleged that she suffered from mental illness even before their marriage and this fact was hidden from the husband and his family.
The wife, however, contended that she did not suffer a mental illness. She claims she had a miscarriage two years into her marriage and was treated for it. She was diagnosed with hypothyroidism (a common condition of thyroid hormone deficiency) and not for any mental disorder.
The High Court of Karnataka, in its judgment, said that the family court was right in directing the husband to take his wife to their matrimonial home. It also imposed a fine of Rs 10,000 on him for filing the case, which will be given to the wife as cost of litigation. Giving the husband some advice, the court said that he had “failed to demonstrate that the wife is suffering from a mental disorder of such degree that it is impossible to lead a normal life with her and he cannot be reasonably expected to put with her in such condition”.
Mental Illness in five per cent of cases
Akki Manjunath Gowda, an advocate specialising in family cases (not related to this case), said it was very rare for anyone to seek divorce citing mental illness of their spouse.
He said, “At the most there could be a mention of mental illness in five per cent of the cases where one of the spouses makes such allegations. And it is rare for such allegations to stand and the case to succeed. In most instances, it is a false allegation that is made. When it comes to the evidence stage, there is nothing to show and the case is dismissed. The cases are filed under Section 8 seeking nullity of marriage or under Section 5 saying it is not a valid marriage. Most times, the problem of sexual incompatibility is converted into an allegation of mental illness.”