High Court gave a blow to the husband, he wanted to get rid of his wife suffering from epilepsy

Mumbai: If the partner is suffering from epilepsy, it cannot be considered a ground for divorce under the Hindu Marriage Act. Recently, during the hearing of a case, the Bombay High Court has given this decision. The court also said that there is a lot of medical evidence which shows that any such medical condition will not create any problem in living together between husband and wife.

The Division Bench of the Bombay High Court, which was hearing the case, upheld the decision given by the Family Court in 2016. Justice Vinay Joshi and Justice Valmiki SA Menges rejected all the allegations made by the husband. The husband said that the wife was suffering from epilepsy. He also described it as an incurable disease and said that his wife’s mental balance has been shaken due to epilepsy.

The husband alleged that his wife’s behavior had become abnormal due to epilepsy. He said she threatened suicide. However, the Supreme Court did not accept the claims. The court said, ‘Epilepsy is neither a disease that cannot be cured nor a mental disorder or a psychopathic disorder.’ He said that this cannot be used as a basis under Section 13(1)(iii) of the Hindu Marriage Act.

The special thing is that during the hearing of this case, the court took the help of Raghunath Gopal Daftardar vs Vijay Raghunath Daftardar case. However, the High Court also made it clear that both the cases are not similar, but there is a logic that applies. The court said that there is many medical evidences which show that such a condition will not become a hindrance in living together between husband and wife.

The court got information that according to the neurologist who treated the wife, the woman had brain seizure and not epilepsy. The court said, ‘According to another information given by a professional neurologist expert, epilepsy is such a condition that the person suffering from it can lead a normal life.’

During the hearing, the court also rejected the husband’s argument that the wife had written a letter to commit suicide. The court found out that in the evidence presented by the wife, it was stated that this letter was written by the husband. He also threatened to throw him out of the house.