The Bombay High Court has made it clear that having epilepsy is not a valid reason for getting a divorce under the Hindu Marriage Act -

“The condition of epilepsy is neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder, for making a ground under Section 13(1)(iii) of the Hindu Marriage Act,” the Court held. 1

In a consequential legal precedent, the Bombay High Court has adjudicated that seeking divorce under the Hindu Marriage Act of 1955 on the basis of a spouse’s epilepsy is legally impermissible. This determination arises from the case of Harish @ Roshan Karnewar vs. Leelavati @ Reena Karnewar.

A division bench, comprising Justices Vinay Joshi and Valmiki SA Menezes, rendered this verdict while affirming the 2016 judgment of a family court, which had denied a divorce petition filed by a husband. The husband asserted that his wife’s epilepsy, which he characterized as an incurable affliction causing mental instability, was the predominant catalyst for the dissolution of their matrimonial union.

The husband contended that his wife’s epilepsy manifested in erratic conduct and self-harm threats, leading to the irretrievable breakdown of their marital relationship. Nevertheless, the High Court remained unpersuaded by these assertions.

“The condition of ‘epilepsy’ is neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder, for making a ground under Section 13(1)(iii) of the Hindu Marriage Act,” the judges held.

In this context, the bench invoked and sanctioned the observations proffered by a sole judge in the case of Raghunath Gopal Daftardar vs. Vijaya Raghunath Daftardar. The bench opined that, although the circumstances were not an exact match, the reasoning articulated therein was pertinent to the present case.

Additionally, the bench expounded that a substantial body of medical evidence exists affirming that the said medical condition ought not to constitute an impediment to the cohabitation of spouses.

“On that count, we hold that the husband has failed to prove that the wife was suffering from epilepsy or even that, if she were suffering from such a condition, the same could be considered as a ground under Section 13(1)(iii) of the Act for claiming a decree of dissolution of marriage,” the bench held.

According to the testimony of a neurologist who attended to the wife, the Court determined that her condition was characterized as a brain seizure and not classified as epilepsy.

“The second fact as deposed by an expert, a Neurologist by profession was that epilepsy itself is a medical condition in which a person suffering from it can lead a normal life. Thus clearly, even assuming the wife was suffering from epilepsy, this was certainly not a mental disorder or a psychopathic disorder or for that matter can be even considered as leaving her incurably of unsound mind,” the bench added.

In light of the husband’s failure to substantiate his assertion regarding the wife’s epilepsy, the Court has concluded that there is no valid foundation for alleging that he endured cruelty or psychological distress due to the wife’s medical condition.

Furthermore, the judges have dismissed the husband’s contention that the wife authored a suicide threat letter in response to her “peculiar” behavior.

The Court has determined, based on the wife’s testimony, that she composed the letter solely under duress from her husband and under the threat of being forcibly removed from her matrimonial residence.

“The wife clearly explained in her evidence under which circumstances she was made to write the note, literally under duress from the husband, and only to avoid being forced out of the matrimonial home. It is in her evidence, that on the relevant day, she was in a drunken state and threatening to put her out of their home, and for fear of being left without a home, and for the sake of her minor daughter who was hardly one year old, she wrote out the note as dictated by the husband,” the Court said.