If a wife’s ADHD causes behaviors so disruptive and harmful to the husband that he cannot reasonably be expected to live with her, and this can be proven through medical and other evidence, a court may grant a divorce on the grounds of mental cruelty.
“mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.” The expression “mental disorder” means mental illness, arrested, or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia. The expression “psychopathic disorder” means a persistent disorder or disability of the mind
which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment. In Sharda versus Dharmapaul (2003, 4 SCC 493), Supreme Court held that each case of schizophrenia has to be considered on its own merits.
The medical evidence regarding the requisite degree of mental disorder is relevant though not conclusive. Supreme Court also observed that when there was sufficient evidence for the court to conclude that the slight mental disorder of the wife was not of such a kind and to such an extent that the husband could not reasonably be expected to live with her, divorce could not be granted (A.I.R., 1982 CAL 138).[6] These judgments are significant because of the importance given to the effects and the impact rather that to the mere labeling of mental illness.
In Indian context, women suffer the most on account of mental disorders. When major disorders occur in young girls, parents are worried about her marriage. Lack of awareness and the widespread belief that marriage is a panacea for all evils prompt some parents to get their daughters married even when they are symptomatic.
However, when facts come out, a grave situation of mutual distrust, animosity, and hostility occurs. Women suffering from major mental disorders, whether developed before or after the marriage are often abandoned by their husbands and his family. As a result, lives of these women are shattered beyond repair and almost all these women now come to live with her parents, many of whom are already aged. These women face immense hardships and are left to fend for themselves with few options open. They are ostracized on three counts, namely female status, having severe mental disorder
