How to Approach Divorce with a Partner Facing Mental Health Challenges
Introduction Divorce is a complex and emotionally charged process, but when one spouse is suffering from mental illness, the difficulties can become even more complicated. Divorcing a spouse with mental illness can be a challenging and complex process, which requires understanding the legal and practical aspects. To clarify and guide this sensitive topic, we have provided a list of frequently asked questions (FAQs). How can I divorce my spouse with a mental illness in India? The Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869 all allow mental illness as a valid basis for divorce in India. A mental disorder deemed severe and incurable may be cited as grounds for divorce if it prevents a couple from living together. However, it is the petitioner's responsibility to demonstrate the severity of the mental illness. Divorce courts decide if mental illness is a valid ground. For a mental illness to be validly used as a basis for divorce, s...