LLD Theses

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Author: search.filters.author.Mundkur, AartiHas files: Yes

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    On Unsoundness State of Mind in Matrimonial Law in India with Specific Reference to The Hindu Marriage Act 1955
    (National Law School of India University, 2024) Mundkur, Aarti
    This doctoral dissertation investigates the legal production of “unsoundness of mind” as a ground for divorce under the Hindu Marriage Act, 1955 (HMA), analysing its development from before the 1976 amendment to the present day. The study highlights the significant shift brought about by the amendment, which introduced “mental disorder” as a distinct ground for divorce alongside incurable unsoundness of mind. Prior to 1976, unsoundness of mind primarily included idiocy and lunacy, with the continuous existence of such a condition for three years being sufficient for divorce. The amendment also added the condition that the petitioner cannot reasonably be expected to live with the respondent in cases of mental disorder and specifically named schizophrenia as an example of a mental disorder. The research reveals that post-1976, litigation has largely shifted towards invoking “mental disorder,” likely due to its alignment with medical terminology and the increased reliance on medical evidence to establish grounds for divorce. The study also examines how state of mind is presented in court, noting the formulaic patriarchal narratives employed by husbands alleging their wives’ “insanity,” often centred on the non-performance of patriarchal matrimonial obligations. Conversely, wives often defend themselves by emphasizing their willingness and ability to fulfil these obligations. The research critically analyses the special status of schizophrenia in matrimonial litigation due to its explicit mention in the HMA, arguing that this has led to its demonization. Furthermore, it examines the courts’ interpretation of the phrase “cannot be reasonably expected to live with the respondent,” finding that it is often equated with the ability to perform matrimonial obligations. The study proposes several legal reforms, including adopting the language of “mental illness,” removing the specific mention of schizophrenia, and shifting the focus of adjudication away from the performance of matrimonial obligations towards the severity of the mental illness at the time of filing the petition. Ultimately, the research provides a nuanced understanding of the legal and social complexities surrounding unsoundness of mind as a ground for divorce in India.