Epilepsy Not Ground For Divorce Under Hindu Marriage Act: High Court
NDTV
The court dismissed a plea filed by a 33-year-old man seeking divorce on grounds of cruelty from his wife who, he claimed, suffered from epilepsy due to which she was mentally unsound.
The Nagpur bench of the Bombay High Court has said a spouse being epileptic does not amount to cruelty and is not a ground for divorce under the Hindu Marriage Act, as epilepsy is neither an incurable disease nor can it be considered a mental disorder.
A division bench of Justices Vinay Joshi and Valmiki SA Menezes in its order on Tuesday dismissed a plea filed by a 33-year-old man seeking divorce on grounds of cruelty from his wife who, he claimed, suffered from epilepsy due to which she was mentally unsound.
The bench in its order said epilepsy was "neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder" for making a ground for divorce under the Hindu Marriage Act.
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