Divorce, Mental Illness & The Law: Role of Mental Health Personnel

Divorce rate in India are one of the lowest in the world, but it is increasing progressively. Mental illness in one of the spouses are often alleged to be the ground of dissolution of marriages. There is increasing cases of such kind in the family courts. The law of the land pertaining to divorce on the ground of insanity, specially Hindu Marriage Act, 1955 has been discussed. Annulment of marriage due to absence of competency at the time of marriage and consent are important issue. Mental health professional may be called to authenticate the certificate issued by him and may be examined and cross examined as expert witness. An effort has been made to acquaint the mental health professional of the legal proceedings followed by the court in such cases and the role of mental health professional with reference to preparing reports has been delineated. Finally, court judgments which is often cited in such cases has been included and recent judgments in the Supreme court of India and various high courts has been reviewed.