Court Rules Unsubstantiated Allegations of Mental Disorder and Cruelty Amount to Legal Cruelty; Irretrievable Breakdown Not a Ground for Divorce Under Hindu Marriage Act
In a significant judgment delivered on September 24, 2026, the Karnataka High Court (Kalaburagi Bench) dismissed the appeal filed by Sri Venkatesh Eklarkar seeking divorce from his wife, Smt. Sridevi Eklarkar. The Court upheld the Family Court, Bidar's earlier decision rejecting the divorce petition on the grounds that the appellant failed to prove the allegations of mental disorder and cruelty as required under the Hindu Marriage Act, 1955.
The marriage, solemnized on May 19, 2019, at Tirumala Tirupati Temple, lasted barely four weeks before the wife left the matrimonial home in June 2019. The husband alleged that his wife was absent-minded and suffering from a mental disorder, which constituted cruelty under Section 13(1)(ia) and incurable unsoundness of mind under Section 13(1)(iii) of the Hindu Marriage Act. He produced hospital receipts and medical reports to substantiate his claim but failed to examine any treating doctor or psychiatric expert in court.
The Court emphasized that merely producing medical documents without expert testimony does not discharge the burden of proof. The appellant himself admitted during cross-examination that he had stated in his petition and affidavit that the respondent wife was mentally sound and that no psychiatrist's certificate was produced. The High Court observed that such unsubstantiated allegations impinge upon the dignity and reputation of the spouse, amounting to legal cruelty.
Moreover, the Court noted that the appellant had not initiated any proceedings for restitution of conjugal rights, an important procedural step before seeking divorce on grounds of desertion or non-cohabitation. The absence of such efforts undermined the appellant's claim of desertion.
The Court further clarified that the ground of "irretrievable breakdown of marriage" is not recognized under the Hindu Marriage Act. While the Supreme Court has occasionally granted relief on this basis under Article 142 of the Constitution, such a ground cannot be independently invoked by the High Court.
In light of these findings, the Karnataka High Court dismissed the appeal, reinforcing the Family Court's order that the appellant's petition lacked credible evidence and legal merit.
This judgment serves as a stern reminder that courts require concrete proof, especially expert medical testimony, before accepting claims of mental disorder or cruelty in matrimonial disputes. It also underscores the necessity of following due procedural requirements under the Hindu Marriage Act.
Bottom Line:
Hindu Marriage Act - Divorce cannot be granted on unsubstantiated allegations of mental disorder, absent-mindedness or cruelty - Mere marking of medical documents without examining doctor or expert does not prove mental disorder - Irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of Hindu Marriage Act.
Statutory provision(s):
Hindu Marriage Act, 1955 Sections 13(1)(ia), 13(1)(ib), 13(1)(iii), 13(1A)(ii); Family Courts Act, 1984 Section 19(1)
