Welcome to the 22nd WCP Congress Program Scheduling

Divorce of Women with Mental illness: Should it be permitted? Back Ground: The UDHRs mentions equal rights as to marriage, during marriage and at its dissolution. The Hindu Marriage Act 1955 enlists mental illness among the 13 reasons for granting divorce. Recent Supreme Court judgements have refused divorce on the ground of schizophrenia. Aim: to present different perspectives on divorce of women with mental illness. 1.Divorce of Women with Mental illness: Pragmatic perspective: Divorce as a right should not be granted against a woman with mental illness. The outcome of mental illness depends on proper treatment and supportive environment. As husbands are highly hostile after discovery of mental illness in the wife and do not cooperate in the treatment of mental illness, divorce should not be granted. A defaulter cannot be complainant. 2.Divorce of Women with Mental illness: Human rights perspective: Divorce as a right should not be withheld as marriage is a union between 2 individuals. If either party wants it, the marriage should be dissolved. 3.Divorce of Women with Mental illness: Socio-Religious Perspective: Marriage is a permanent union of 2 persons, it cannot be broken on any account. 4.Legal Perspective: Divorce can be granted on ground of mental illness if the person cannot be expected to have a reasonable existence with the women with mental illness. It is difficult to proof mental illness. In courts mental illness is often presented as cruelty. In general, courts prevent dissolution of marriage.