Marriage in India is a social and emotional as well as a legal bond, with personal laws and societal norms highly influencing it. Mental health, though usually ignored, becomes a vital issue in the stability of marriage and the validity of a legal union. This article discusses the way Indian law treats mental health in matters of marriage and how the numerous challenges arise when mental illness meets matrimonial expectations.
Read More: The Mental Health Toll of Extravagant Indian Weddings
Legal Provisions Regulating Mental Health and Marriage
Marriage laws in India are regulated by different personal laws on the basis of religion, including the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Divorce Act, 1869. Throughout these enactments, mental health falls under the category of grounds for annulment or divorce.
1. Hindu Marriage Act, 1955 (HMA)
Section 5(ii) defines the requirements of a valid marriage. A requirement is that both parties must not be of unsound mind or be suffering from any mental disorder that would make them incapable of marriage and procreation. Mental illness here encompasses disorders such as schizophrenia, bipolar disorder, and severe depression if they are of such intensity that the person is incapable of marital obligations.
Section 13(1)(iii) permits divorce if one of the spouses has been incurable or of unsound mind or was continuously or intermittently suffering from a mental disorder of such a nature that the petitioner can never reasonably be expected to adapt with him or her. The courts, however, have demanded that a mere diagnosis is not sufficient; its effect and intensity on marital life have to be proved.
2. Special Marriage Act, 1954 (SMA)
The SMA, which applies to inter-religious or civil marriages, copies the HMA’s provisions on mental disorders. Section 4(b) prescribes the requirement that the parties must be of sound mind, and Section 27(1)(e) makes unsoundness of mind a valid ground for divorce.
3. Indian Divorce Act, 1869 and Muslim Law
Under the Indian Divorce Act for Christians, unsoundness of mind for two years before the petition is a factor for divorce. Neither is mental illness clearly stated in Islamic law as a cause for divorce, yet in Faskh (judicial annulment), a marriage can be terminated if a party is shown to be confused. Legal definitions of “mental disorder” are variable and subjective. The Supreme Court of India, in Sharda v. Dharmpal (2003), laid stress on the need for medical examination to prove mental illness in matrimonial disputes before courts. Yet, utilisation of expressions such as “unsoundness of mind” is ambiguous and more often than not stigmatising.
Read More: Psychology Behind Happy Marriages
Challenges in Proving Mental Illness in Marital Disputes
One of the major legal and social hurdles is the proof of mental illness. Because most mental illnesses are invisible and intermittent, as opposed to disabilities, courts demand psychiatric assessments, hospital reports, and sometimes personal accounts to confirm allegations. The process can be traumatising, stigmatising, and intrusive at the same time.
Furthermore, the absence of mental health education within society and the judiciary makes proceedings more complex. In Rita Roy v. Sitesh Chandra Bhadra Roy (1982), the Calcutta High Court decided that mood swings or mere eccentricity do not constitute a mental disorder under the law. These judgments reflect how legal interpretation involves a fine understanding.
Subjectivity in diagnosis and judicial assessment tends to result in variable judgments. A study conducted by Kishore et al. (2011), which was released in the Indian Journal of Psychiatry, emphasised that courts misinterpret psychiatric disorders because they lack expert opinion and mental health literacy.
Read More: Understanding Premarital Counseling: A Guide for Couples
Social Stigma and Gendered Impacts
Marriage in Indian society is perceived as a rite of passage, particularly for females. Mental illness can become a means of social exclusion and marital breakdown. Women with mental illnesses are deserted, divorced, or returned to their birth homes, sometimes without recourse to law. Women with schizophrenia were also more likely to be abandoned by their spouses than men with the same conditions, as indicated by research carried out by Kumar et al. (2001) and published in Psychiatry Today.
These conditions are also worsened by the gendered double standards that exist in caregiving and expectations. Spouses often take care of men with mental illness, but women can be stigmatised as “possessed” or “unable to run households.”The mental illness of the daughters is usually kept secret during marriage proposals, which ultimately results in legal conflicts and annulments.
In Alka Sharma v. Abhinesh Chandra Sharma (1991), the husband requested annulment based on the fact that the wife had a prior history of schizophrenia, which was not disclosed to him while getting married. The marriage was declared null and void by the court on the basis that hiding such information amounted to fraud.
Read More: How Does Marriage Stress Affect Our Mind?
Ethical Issues and Rights of persons with mental illness
An important ethical problem is whether people with mental illness are entitled to marry. The UN Convention on the Rights of Persons with Disabilities (UNCRPD), which India has signed, asserts that people with psychosocial disabilities are entitled to the same rights to marry and start a family. However, Indian law still has very restrictive conditions regarding mental soundness as a precursor to marriage.
This creates a conflict between the right to marriage and the protection of the other spouse. The Mental Healthcare Act, 2017, increases dignity and autonomy for the people who are mentally ill, but it is not specifically concerned with marital rights. The absence of marital-specific protection or assurance for such individuals leaves them vulnerable to abuse, annulment, or forced institutionalisation.
Read More: Gamophobia (Fear of Commitment & Marriage)
Involuntary Hospitalisation and Marital Breakdown
Involuntary psychiatric hospitalisation is typically employed as a weapon in marriage disputes. In the majority of cases, wives (or husbands or in-laws) falsely allege women are mentally ill to legitimise desertion, custody battles, or withholding alimony. Lack of proper psychiatric review boards and counsel is responsible for these abuses. In B v. B (2007), the Delhi High Court ruled that simple hospitalisation is not sufficient to declare a person mentally incapable of marriage and child rearing, requiring a proper psychiatric assessment.
But there are not many who have access to such a legal remedy. A study conducted by Srinivasan and Thara (2002) in Social Psychiatry and Psychiatric Epidemiology indicated that there was institutionalisation with involuntary informed consent in marital contexts, particularly when mental illness was enumerated in the context of dowry abuse.
Read more: Men’s Mental Health and Why we need to talk about it
Mental Health, Consent, and Marital Rape
Mental illness raises some very serious issues of consent in marriage, especially when one spouse is experiencing a severe psychiatric disorder. In Indian judicial law, marital rape remains not criminalised to date, but under certain cases concerning mental illness or incapacity, it may be addressed under Sections 375 and 376 IPC. In Tulsa v. State of Rajasthan (2002), the Rajasthan High Court ruled that sexual intercourse with a mentally ill spouse incapable of giving consent would be rape. But such judgments are rare and are under challenge repeatedly. The interplay of mental illness, capacity, and the rights of the spouse is legally still unclear.
Read More: Co-Parenting After Divorce: Interventions to Support Child Well-being
Social Rehabilitation and Role of Mental Health Professionals
Mental health practitioners often are well placed to conduct mediation, counselling, and certification in divorce proceedings. The impact of their role is undercut by the lack of interdisciplinary coordination between mental health and law. Psychiatric or psychological assessment is not always an option in most family courts. Social rehabilitation for divorced/abandoned mentally ill women does not exist. Shelters, mental homes, or halfway houses don’t exist. In 2015, a report by the National Human Rights Commission recorded the absence of gender-sensitive mental health services, which has rendered divorced or abandoned women with mental illness extremely vulnerable.
Read More: People with Happy Spouses May Live Longer
Reformative Recommendations and Need for Legal Clarity
Certain legal academics and mental health groups have pushed for change in personal laws to make them consistent with the Mental Healthcare Act and UNCRPD. Some of these are:
- The removal of obsolete terms like “unsound mind” and their replacement with medically accurate, non-stigmatising language.
- Incorporation of psychiatric evaluation procedures in matrimonial courts for parity of evaluation.
- Protection against hiding illness without criminalising the individual.
- Understandability of the mentally ill person’s right to marry, with an adequate support system.
The Law Commission of India, in its 205th Report (2008), recommended the removal of mental illness as a bar to marriage under personal law, if the individual is competent to give free and informed consent.
Read More: Psychology of Misogyny: Signs, Causes, and Impacts
Conclusion: Bridging Legal Gaps and Social Sensitivities
The conflict between marriage and mental illness in India involves legal ambiguity, social prejudice, and gender-based discrimination. Despite laws to protect spouses from fraud or injury induced by severe psychiatric illness, the laws are punitive rather than curative. Legal safeguards of the rights of individuals afflicted with mental illness remain weak, and the communal mindset still regards them as inappropriate marriage material.
In the future, the approach must integrate and balance legal protection with sympathy, medical knowledge, and human rights. Mental health care integration in marriage counselling, legal reform in personal laws, and de-stigmatisation drives are imperative to make sure that marriage does not turn out to be a trap but a place of dignity and mutual support for everyone, irrespective of whether they have a mental illness or not.
FAQS
1. Why is it important to reconsider mental and physical well-being before marriage?
People consider it very important to reconsider mental and physical well-being before marriage. This is because they aim to ensure the stability of the relationship. They also believe that maintaining the relationship is essential for a better life in the long run.
2. How can partners ensure the well-being and development of each other holistically in a new relationship/marriage?
It is important to address the potential challenges that may arise due to differences in opinion and choices. Attending marital counselling sessions beforehand can help manage these challenges. Family members can also provide guidance to support collective wellbeing as part of the overall strategy.
References +
Kishore, J., Gupta, A., Jiloha, R. C., & Bantman, P. (2011). Myths, beliefs and perceptions about mental disorders and health-seeking behaviour in Delhi, India. Indian Journal of Psychiatry, 53(4), 324–329. https://doi.org/10.4103/0019-5545.91906
Kumar, P., George, B., & Kuruvilla, K. (2001). Women with schizophrenia: Impact on marriage. Psychiatry Today, 7(2), 35–42.
Law Commission of India. (2008). 205th Report on Proposal to Amend the Hindu Marriage Act, 1955, to Omit Insanity as a Ground for Divorce. Government of India.
Srinivasan, T. N., & Thara, R. (2002). How do women with schizophrenia fare in marriage? A follow-up study from India. Social Psychiatry and Psychiatric Epidemiology, 37(3), 139–145. https://doi.org/10.1007/s001270200002
United Nations. (2006). Convention on the Rights of Persons with Disabilities. https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html
Supreme Court of India. (2003). Sharda v. Dharmpal, AIR 2003 SC 3450.
NHRC. (2015). Status of Mental Health Institutions in India. National Human Rights Commission, India.
Leave feedback about this