EXPLAIN THE GLOBAL ISSUES AND LEGAL ASPECTS OF MARRIAGE AND DIVORCE OF MENTALLY UNSTABLE INDIVIDUALS

This article is written by Lithivarshini. C of 7^th Semester of BALLB of Tamil Nadu Dr. Ambedkar Law University, an intern under Legal Vidhiya

ABSTRACT:

Marriage has been one of the most important social institutions in all societies since ancient times and is the foundation of civilization and social structure. Marriage is believed to be a contractual agreement that formalizes and stabilizes the social relationships that make up the family. In our country, marriage is considered an important and sacrosanct event in an individual`s life, and everyone wishes to get married and start a family in order to continue the lineage. For anyone with daughters, marrying them off when they reach marriageable age is considered one of the most inviolable religious obligations. For Indian women, marriage is one of the most critical aspects of their lives and women’s social status improves after marriage, while celibacy after a certain age is discriminatory to them.[1]

Key Words: Marriage, Divorce, Legal implications, Women, Mentally unstable

INTRODUCTION:

This article aims to provide a comprehensive understanding of the global challenges faced by mentally unstable people in the context of marriage and divorce. Marriage and divorce are complex legal processes that can be especially difficult for people with mental instability. The legal context surrounding these issues varies from country to country and jurisdiction, making it important to understand the special challenges faced by mentally unstable people.

Understanding mental instability and its legal implications:

Mental instability is a complex issue that affects millions of individuals worldwide. When it comes to marriage and divorce, the legal implications for those who are mentally unstable can be overwhelming. It is crucial to understand the unique challenges faced by mentally unstable individuals in order to ensure their rights and well-being are protected throughout the process. In this article, we will delve into the legal considerations surrounding marriage and divorce for the mentally unstable, exploring the importance of protecting vulnerable individuals and providing resources for support and guidance.

Mental instability encompasses a wide range of conditions, including but not limited to, anxiety disorders, depression, bipolar disorder, and schizophrenia. These conditions can significantly impact an individual’s ability to make sound decisions and navigate the complexities of marriage and divorce. From a legal standpoint, it is essential to recognize the potential vulnerabilities that mentally unstable individuals may face and to ensure their rights are upheld.

The importance of protecting vulnerable individuals in marriage and divorce:

Marriage is a legal contract that carries with it numerous rights and responsibilities. For the mentally unstable, entering into such a commitment requires careful consideration and understanding. It is crucial to protect vulnerable individuals from exploitation or coercion, ensuring that they have the capacity to enter into a marriage willingly and with informed consent. In divorce proceedings, the stakes are equally high. Mentally unstable individuals may face challenges in understanding the legal process, making it essential to provide them with appropriate support and guidance. Their emotional well-being must be prioritized, alongside the division of assets and custody arrangements. By protecting vulnerable individuals throughout the process, we can strive for fair outcomes that consider their unique circumstances.

Legal considerations when entering into a marriage with a mentally unstable individual:

When entering into a marriage with a mentally unstable individual, there are several legal considerations that must be taken into account. Firstly, it is crucial to ensure that the mentally unstable individual has the legal capacity to consent to marriage. This may involve obtaining a psychiatric evaluation or seeking the opinion of a mental health professional.

Additionally, it is important to consider the potential impact of the mental instability on the marriage itself. The mentally unstable individual may require additional support or accommodations to ensure their well-being. Pre-marital counseling can be beneficial in addressing any concerns or challenges that may arise due to the mental instability.

The impact of mental instability on divorce proceedings:

Divorce proceedings involving mentally unstable individuals can be particularly complex. The mental instability may impact the individual’s ability to effectively communicate, make decisions, or understand the legal process. As a result, it is crucial to provide appropriate support and accommodations to ensure a fair and just outcome.

In some cases, the mental instability may be a factor in the grounds for divorce. For example, if the mental instability has led to abusive behavior or neglect, it may be relevant in determining fault or in the consideration of child custody arrangements. Mental health professionals can play a crucial role in providing expert opinions and guidance in these situations.

Custody and visitation rights for mentally unstable parents:

One of the most significant concerns when it comes to divorce involving mentally unstable individuals is the custody and visitation rights of any children involved. The court’s primary focus is the best interests of the child, which may require careful consideration of the mentally unstable parent’s ability to provide a safe and stable environment. In these cases, the court may appoint guardian ad litem or a mental health professional to assess the parent’s capacity to care for the child. The aim is to strike a balance between protecting the child’s well-being and respecting the rights of the mentally unstable parent. This delicate balance requires careful consideration and expert guidance.

Legal steps to protect mentally unstable individuals during divorce:

To protect mentally unstable individuals during divorce, there are several legal steps that can be taken. Firstly, it is important to ensure that the mentally unstable individual has access to appropriate legal representation. This will help to safeguard their rights and ensure that their voice is heard throughout the process.

Additionally, it may be necessary to request accommodations or modifications to the legal proceedings to account for the mental instability. This could include providing additional time for decision-making, allowing for the presence of a support person, or utilizing alternative dispute resolution methods such as mediation or collaborative law.

The role of mental health professionals in marriage and divorce cases:

Mental health professionals play a crucial role in marriage and divorce cases involving mentally unstable individuals. They can provide expert opinions and assessments to assist the court in making informed decisions. Their expertise can help to ensure that the best interests of the mentally unstable individual and any children involved are prioritized.

Furthermore, mental health professionals can provide valuable support and guidance to the mentally unstable individual throughout the process. They can help them understand their legal rights, cope with the emotional challenges of divorce, and access appropriate resources for ongoing mental health care.

Resources for support and guidance in navigating the legal implications of marriage and divorce for the mentally unstable:

Navigating the legal implications of marriage and divorce for the mentally unstable can be overwhelming. Fortunately, there are numerous resources available to provide support and guidance throughout the process. Mental health organizations, legal aid clinics, and support groups can offer valuable information and assistance.

It is crucial to seek out professionals who specialize in both mental health and family law to ensure comprehensive support. These professionals can help navigate the complex legal landscape, provide advice on accessing appropriate services, and advocate for the rights and well-being of mentally unstable individuals.

International laws and regulations pertaining to marriage and divorce for mentally unstable individuals:

The legal landscape surrounding marriage and divorce for mentally unstable individuals is not limited to individual countries. International laws and regulations can play a significant role in shaping how these issues are addressed globally. Organizations such as the United Nations and various regional bodies have developed frameworks and conventions that aim to protect the rights of mentally unstable individuals in the context of marriage and divorce.

For example, the Convention on the Rights of Persons with Disabilities, adopted by the United Nations in 2006, recognizes the right to equal recognition before the law for individuals with disabilities, including those with mental instability. This convention has influenced the development of laws and policies in many countries, promoting greater inclusivity and protection for mentally unstable individuals within the legal system.

MARRIAGE, MENTAL DISORDERS, AND INDIAN LEGISLATION:

According to the Hindu Marriage Act 1955, the conditions relating to mental disorders (Section 5(ii)), which must be met before the celebration of the marriage, are as follows:

1. Neither party is unable to give valid consent due to a lack of common sense
2. Even if he is able to give consent, he must not have a mental disorder of a nature or extent that makes him unfit for marriage and childbearing
3. Do not have recurrent episodes of insanity.

It should be emphasized that the source: the provision was ‘‘neither side is a fool o Returning insane‘‘, which was changed by the marriage law to the previous provision to (Amendment) Act 1976.The Supreme Court found that to determine a woman was unfit for marriage and having a child due to a mental disorder, it must be determined to what extent the illness she has and to what extent it is impossible for her to have a normal married life.[2] Void marriages (Section 12) are marriages that can be annulled by an ordinance of nullity based on the reasons given but may continue to be lawful until cleared by a court of competent jurisdiction. According to Article 13 of the law, di- or judicial separation is possible if the person suffers from ‘‘irreparable insanity ‘‘or continuously or intermittently suffers from ‘‘a mental disorder of such kind ‘‘. ‘‘The term ‘‘mental disorder ‘‘means mental illness, delayed or incomplete mental development, psychopathy or any other mental disorder or disability and including schizophrenia. ‘Mental disorder‘‘ means a persistent disorder or intellectual disability (with or excluding normal intelligence) leads to unusually aggressive or severely irresponsible behavior on the part of the other party, and the person needs or is likely to receive medical treatment on his own merit.[3] The Court also found that if there was sufficient evidence for the court to conclude that the wife`s mild mental disorder was of such a nature and extent that it could not be reasonably expected that the husband would live with her, the divorce may not be granted.[4]

The Special Marriages Act 1954 applies to all people in India and Indian citizens abroad, regardless of the religion the individual may profess. Likewise, the provisions of Section 27 on grounds of divorce are identical to those of Section 13 of the Hindu Marriage Act.[5] Under Islamic law, marriage is considered a contract. A woman can get a divorce decree under the ‘‘Islamic Marriage Dissolution Act, 1959‘‘, if her husband is insane for 2 years. Christians can divorce under Indian Divorce Act 1869 (amended 2001) on grounds of insanity provided that:

1. It must be incurable
2. It must be present for at least 2 years immediately prior to application.

Divorce is not admissible on grounds of mental illness under the Parsi Marriage and Divorce Act 1936. However, a divorce is possible if the respondent is not, at the time of marriage, of sound mind, provided that Plaintiff was unaware of mental illness. facts and that the respondent was insane for 2 years or more and immediately prior to the claim.[6]

MARRIAGE, MENTAL DISORDERS, AND WOMEN:

In the Indian context, women suffer from mental disorders the most. Women with severe mental disorders, whether present before or after marriage, are often abandoned by their husbands and families. They are ostracized for three reasons: their status as a woman, serious mental disorder, and marital divorce/separation.[7] Divorced/separated women with serious mental disorders became unpopular objects everywhere, and their fates became pitiful. If a man with a severe mental disorder marries a wife and hides the truth, in most cases the wife has to accept the situation and is responsible for taking care of her husband, sometimes being the breadwinner for the family. Families and patients often feel the stigma of separation/divorce more deeply than the stigma of the mental illness itself.[8]

Analysis, Law and Decisions

High Court expressed that, Judges are not medical professional or experts, and acquire limited knowledge based on the arguments of the parties, and the medical literature produced before them; the testimonies of expert witnesses produced in Court, and the submissions advanced before the Court. The Courts, to be able to decide such issues, needs expert opinion from credible persons in the field. Further, the Court stated that the outright refusal of the respondent to undergo any medical examination, prevents the Court from arriving at the truth. It has been held by the Supreme Court in Kollam Chandra Sekhar v, Kollam Padma Latha, (2014) 1 SCC 225, by relying on the testimony of a doctor that Schizophrenia “is a treatable, manageable disease, which can be put on a par with hypertension and diabetes.” In Sharda v. Dharampal, (2003) 4 SCC 493, the Court observed that “…. but it is another thing to say that a party may be asked to submit himself to a psychiatrist or a psychoanalyst so as to enable the Court to arrive at a just conclusion. Whether the party to the marriage requires a treatment or not can be found out only in the event, he is examined by a properly qualified Psychiatrist.” Hence, in such circumstances determination of truth was an important step for the Court to enable the making of fair election.

THE NEED FOR AMENDMENT:

Time has considerably changed since the marriage laws were framed. Effective treatment of all types of mental disorders is now available. Therefore, it is felt that it is high time that all the phrases indicating mental disorder and reference to mental disorders should be removed from the Hindu Marriage Act and the Special Marriage Act. The reason for this is summarized as below:

1. The first reason for not being able to get married is the inability to give valid consent due to lack of common sense. If valid consent is considered necessary in a marriage, why point out ambiguity of mind. Inability for any reason must be considered a disability. The mention of “mental disability” is completely unnecessary as it stigmatizes mental disorders. It should be noted that most people with a serious mental disorder can consent unless they have acute symptoms. Moreover, in Hindu marriage ceremonies, in most cases, the girl hardly receives consent at any stage of the marriage. In such cases, it is actually the authorized consent of the parents/guardians of the girls. If providing valid consent is deemed necessary, it may be withheld without reference to mental state.
2. The second point concerns ‘‘mental disorders of a nature or degree that are not suitable for marriage ‘‘It is a rather vague term, and it is difficult to determine at what point a person with a mental disorder is unfit for marriage. There are also many physical illnesses that are quite disabling and because of these conditions people may be considered unfit for marriage. So why discrimination against mental disorders? The incurability of the mental disorder was highlighted as a major factor for its inclusion on the list. However, with advances in the field of psychiatry, today it is possible to treat most cases of mental disorders and almost all people with mental disorders, except for a very small percentage, Everyone can live a normal life. Therefore, to consider mental disorder as a state of inability to marry is completely unreasonable and discriminatory.
3. The third point is the inability to have children. Although the contribution to this disability due to mental disorders is only a small part, why should mental disorders be considered as disabilities and ignore many physical diseases? It should be mentioned that infertility is not a reason for divorce under Section 13 of the Hindu Marriage Act. Therefore, it is not reasonable to prescribe that the child is infertile solely due to a mental disorder. Repeated insanity attacks are the reason for the nullity of marriage.
4. In the field of psychiatry, mood disorders are the most common form of such recurrent nature. However, these disorders are curable and virtually all patients with mood disorders can lead normal lives. However, the course and prognosis of schizophrenia has improved significantly and most of them can live a normal life. Including insanity in the list leads to further stigma towards mental disorders. Epilepsy was removed from this list by an Act of Congress in 1999.During debate over the related bill, it was pointed out that it was inhumane to equate epilepsy with dementia, as 80% of epilepsy cases are treatable. However, it is forgotten that the rate of treatable mental disorders is even higher and that patients can lead normal lives with proper treatment. If it is inhumane to treat epilepsy as a marital disability, the same criteria should apply to mental disorders and it is unfortunate that “madness” continues to be a marital disability. The inclusion of the term general psychosis often causes problems for people with mild anxiety disorders or depression. If animosity arises between the parties, any form of psychiatric treatment will be attempted as a basis for divorce. It causes suffering to the person, minor mental illnesses, and seeking psychiatric care is still stigmatized. Parents are often reluctant to consult a psychiatrist for their daughter with a mild or severe mental disorder, even though the daughter may have a treatable psychiatric problem. Both governments and society have an obligation to act to reduce the stigma associated with mental disorders. Therefore, it is necessary to remove mental disorders from the list of disabilities in order to get married. In the case of divorce / justice separation, referring to as ‘‘irreparable distance ‘‘.
5. The first point is that most mental disorders are now curable.
6. The second point is that anyone can have a physical illness before or after marriage, which can be incurable and people with such a disease may not be able to lead a normal married life.
7. However, no illnesses other than ‘‘irreparable dementia ‘‘, leprosy, and venereal disease were listed under divorce/legal separation. As such, this provision is quite discriminatory to people with mental disorders and denies their right to maintain their marriage. Another reason for divorce is ‘‘that the person is continually or intermittently suffering from a mental disorder of such a nature and to such an extent that the claimant cannot reasonably be expected to live with the `defendant ‘‘‘. Therefore, it should be understood that the grounds for divorce must be a serious mental disorder of a serious degree. Only using mental disorders as a basis for divorce is very regrettable. This makes people with mental illness stigmatized and makes them reluctant to seek psychiatric treatment.
8. All people with mental disorders have the right to marry and live with dignity. Many people with mental illness do better than those without. Siblings of people with mental disorders have difficulty supporting them The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), 2006 was signed and ratified by India. The purpose of UNCRPD is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, and to promote respect for their inherent dignity. Mental illness is one of the disability categories of UNCRPD. The right to marry can be considered a basic human right. Therefore, denying a person with a mental disorder the right to marry is not in accordance with UNCRPD.[9]

FACT CONCEALMENT:

The truth about mental illness, especially in girls, is often hidden during marriage. It is supported that the law includes a provision explicitly stating that a history of mental illness will not interfere with a marriage and that failure to disclose that history or the fact of treatment will not constitute the nullity of a marriage. However, in the opinion of the author, if the reference to mental disorder is removed from the nullity of the marriage and the grounds for divorce; Such an explicit provision is hardly necessary.

CONCLUSION:

The legal challenges faced by mentally unstable individuals in marriage and divorce are complex and multifaceted. While progress has been made in recognizing and addressing these challenges, there is still much work to be done. Further research is needed to better understand the specific needs of mentally unstable individuals and how the legal system can effectively support them. Legal reforms should aim to provide greater clarity, consistency, and protection for mentally unstable individuals in the context of marriage and divorce. By prioritizing the rights and well-being of these individuals, we can create a legal landscape that is more inclusive, equitable, and supportive.

In conclusion, navigating the legal landscape of marriage and divorce for mentally unstable individuals requires a comprehensive understanding of mental health, legal requirements, international laws, case studies, available resources, and the role of mental health professionals. By addressing the unique challenges faced by mentally unstable individuals and advocating for legal reforms, we can strive towards a more just and compassionate legal system that supports the rights and well-being of all individuals, regardless of their mental health status.

REFERENCE:

1. Nambi S. Marriage, mental health and the Indian legislation. Indian J Psychiatry. 2005; 47:3–14. [Google Scholar]

2. London: Royal Anthroplogical Institute; 1951. Royal Anthroplogical Institute of Great Britain and Northern Ireland. Notes and queries on Anrhroplogy; p. 110. [Google Scholar]

3. Leach, E Polyandry, Inheritance and the Definition of Marriage. Man. 1955;55(12):183. [Google Scholar]

4. Srivastava A. Marriage as a perceived panacea to mental illness in India: Reality check. Indian J Psychiatry. 2013;55(Suppl 2): S239–42. [PMC free article] [PubMed] [Google Scholar]

5. Sharma I, Pandit B, Pathak A, Sharma R. Hinduism, marriage and mental illness. Indian J Psychiatry. 2013;55(Suppl 2): S243–9. [PMC free article] [PubMed] [Google Scholar]

6. Hindu Marriage Act.  Available from: http://www.indiankanoon.org/doc/590166/

7. Special Marriage Act. 1954. Available from: http://www.indiankanoon.org/doc/4234/

8. Narayan CL, Shikha D. Indian legal system and mental health. Indian J Psychiatry. 2013;55(Suppl 2): S177–81. [PMC free article] [PubMed] [Google Scholar]

9. Sathyanarayana Rao TS, Nambi S, Chandrashekhar H. Marriage, mental health and Indian legislation. Forensic Psychiatry: Clinical Practice Guidelines for Psychiatrists in India. Indian Psychiatric Society. 2009:113–28. [Google Scholar]

10. Thara R, Srinivasan TN. Outcome of marriage in schizophrenia. Soc Psychiatry Psychiatr Epidemiol. 1997; 32:416–20. [PubMed] [Google Scholar]

11. UN Convention on the Rights of Persons with Disabilities (UNCRPD) 2006. Available from: http://www.un.org/disabilities/

---

[1] Nambi S. Marriage, mental health and the Indian legislation. Indian J Psychiatry. 2005; 47:3–14. [Google Scholar] and London: Royal Anthroplogical Institute; 1951. Royal Anthroplogical Institute of Great Britain and Northern Ireland. Notes and queries on Anrhroplogy; p. 110. [Google Scholar]

[2] R. Lakshmi Narayan vs. Santhi, AIR 2001 SC 21 10, Hindu Marriage Act. 1955. Available from: http://www.indiankanoon.org/doc/590166/

[3] Sharda versus Dharmapaul (2003, 4 SCC 493)

[4] A.I.R., 1982 CAL 138, Hindu Marriage Act. 1955. Available from: http://www.indiankanoon.org/doc/590166/

[5] Special Marriage Act. 1954.  Available from: http://www.indiankanoon.org/doc/4234/

[6] Narayan CL, Shikha D. Indian legal system and mental health. Indian J Psychiatry. 2013;55(Suppl 2):S177–81. [PMC free article] [PubMed] [Google Scholar]

[7] Sharma I, Pandit B, Pathak A, Sharma R. Hinduism, marriage and mental illness. Indian J Psychiatry. 2013;55(Suppl 2): S243–9. [PMC free article] [PubMed] [Google Scholar]

[8] Thara R, Srinivasan TN. Outcome of marriage in schizophrenia. Soc Psychiatry Psychiatr Epidemiol. 1997; 32:416–20. [PubMed] [Google Scholar]

[9] UN Convention on the Rights of Persons with Disabilities (UNCRPD) 2006. Available from: http://www.un.org/disabilities/