Spouse suffering epilepsy not a ground for divorce under Hindu Marriage Act: Bombay High Court

In a significant ruling, the Bombay High Court has held that one cannot seek divorce under the Hindu Marriage Act, 1955 on the ground that their spouse is suffering from epilepsy [Harish @ Roshan Karnewar vs Leelavati @ Reena Karnewar].

A division bench of Justices Vinay Joshi and Valmiki SA Menezes made the observation while upholding a 2016 family court judgment that had denied divorce to a man who claimed that his wife was suffering from epilepsy, which he termed as an incurable disease that had led to her being unsound of mind.

The husband had alleged that due to epilepsy, his wife exhibited abnormal behaviour and even threatened to commit suicide, all of which led to a breakdown of the marriage.

The High Court, however, was unconvinced by these allegations.

"The condition of 'epilepsy' is neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder, for making a ground under Section 13(1)(iii) of the Hindu Marriage Act," the judges held.

In this regard, the bench relied on and approved of the observations of a single judge in Raghunath Gopal Daftardar vs Vijaya Raghunath Daftardar. The division bench opined that though it was not an identical case, it had given reasoning that was applicable to the instant case.

The bench further opined that there is an abundance of medical evidence that such a medical condition would not be an impediment to the spouses living together.

"On that count, we hold that the husband has failed to prove that the wife was suffering from epilepsy or even that, if she were suffering from such a condition, the same could be considered as a ground under Section 13(1)(iii) of the Act for claiming a decree of dissolution of marriage," the bench held.

The Court found that as per a Neurologist who treated the wife, she had only suffered from a brain seizure and not epilepsy.

"The second fact as deposed by an expert, a Neurologist by profession was that epilepsy itself is a medical condition in which a person suffering from it can lead a normal life. Thus clearly, even assuming the wife was suffering from epilepsy, this was certainly not a mental disorder or a psychopathic disorder or for that matter can be even considered as leaving her incurably of unsound mind," the bench added.

Since the husband was unable to prove his allegation of the wife suffering from epilepsy, the Court opined that there was no basis to hold that he was subjected to cruelty or mental torture due to the wife’s condition.

The judges also rejected the husband's contention that she had written a letter threatening to commit suicide owing to her "abnormal" behaviour.

The Court found that the wife had, in her evidence, properly explained that she wrote the letter only because she was made to do so by her husband and while under threat of being forced out of her matrimonial home.

"The wife clearly explained in her evidence under which circumstances she was made to write the note, literally under duress from the husband, and only to avoid being forced out of the matrimonial home. It is in her evidence, that on the relevant day, she was in a drunken state and threatening to put her out of their home, and for fear of being left without a home, and for the sake of her minor daughter who was hardly one year old, she wrote out the note as dictated by the husband," the Court said.

Advocate Vishwadeep Mate appeared for the husband.

Advocate Jyoti Dharmadhikari represented the wife.

[Read Judgment]