What does ‘Unsound Mind’ under The Parsi Act?

The Parsi Act in express and clear terms lies down as to what is the meaning of ‘Unsound Mind.’ According to Parsi Act, “Mental Disorder” means:

(a) Mental illness

(b) Arrested or incomplete development of mind

(c) Schizophrenia

(d) Psychopathic Disorder.

Psychopathic Disorder means persistent disorder or disability of mind which may be owing to sub normality of intelligence or may not be so. The aggressive or seriously irresponsible behaviour of the other spouse would also be taken as the Psychopathic Disorder. It is immaterial whether the other spouse suffering from psychopathic illness requires medical treatment. Also it is immaterial that the other spouse is susceptible to medical treatment or not.

(e) Any other disorder or disability of mind.

The Special Marriage Act, 1954, on the topic, is more elaborate, clear and explicit.

(iii) Requirements under the Act

Unsound Mind at the Time of Marriage – Section 32(b)

The conditions laid down for the Divorce under this ground are:

A. Not only that there was ‘unsound mind’ at the time of marriage but also it (unsoundness of mind) continues to until the filing of the Suit.

B. Other spouse is habitually of unsound mind until the filing of the Suit.

C. Aggrieved spouse at the time of marriage was ignorant of unsound mind of the other spouse.

D. Divorce Suit must have been filed within a period of three years from the date of marriage. While the period of limitation is three years for Divorce on the ground of unsound mind at the time of marriage, it is two years in the case of Divorce on the ground of unsound mind after the marriage. There appears to be no reason or logic. Be it as it is.

(iv) Unsound Mind after Marriage – Section 32(bb)

The conditions laid down for the Divorce under this ground are:

I. Other spouse should be of unsound mind for a period of two years and upward immediately preceding the filing of the suit. As aforesaid, the period of limitation for divorce on the ground of unsound mind at the time of marriage is three years. There appears to be no justification in variance in the two different periods of limitation on the same cause of action.

II. Other spouse suffers from mental disorder continuously or intermittently.

III. Mental Disorder should be of such a kind that the aggrieved spouse cannot be expected to live with the spouse suffering from mental disorder.

IV. Mental Disorder should be to such an extent that the aggrieved spouse cannot be expected to live with the spouse suffering from mental disorder.

V. Aggrieved spouse was ignorant about the incurably unsound mind, obviously, because, if he/she should not have contracted the marriage and he/she cannot take advantage of his/her own wrong.

VI. No marital relations had taken place after the knowledge of unsound mind of (the other spouse.

VII. Suit must have been filed within 2 years from the date of knowledge.

(v) Provisions in other Enactments

The Dissolution of Muslim Marriages Act, 1939 – Only for Muslim Women

Section 2(vi) lays down that a Woman can seek dissolution of her marriage on the ground that her Husband has been insane for 2 years. It is immaterial whether the insanity is before or after marriage. All that is necessary is that ‘insanity has been for 2 years’. It is matter of speculation or left to the judicial wisdom if the husband is insane for a period of less than 2 years from the date of solemnization of marriage. Further, what is insanity is not explained or defined but then it only means that all ailments which affect the mind and all those ailments are deemed to have been included in the term ‘insanity’ under the Act.

Hindu Marriage Act, 1955

Hindu Marriage Act, 1955, under Section 11 read with Section 5(ii) (b) and (c) treats the marriage is void on account of unsound mind at the time of marriage and it provides for Divorce under Section 13 (l) (ii) on the ground of unsound mind after marriage. Whereas, the Divorce Act, 1989 under Section 18 read with Section 19 provides for Decree of Nullity on the ground that either party was lunatic at the time of marriage and under Section 10(l)(iii) provides for Dissolution of Marriage on the ground of incurably unsound mind.

The Divorce Act, 1869 – For Christians Only

Section 19(3) read with Section 18 lays down that either party can seek declaration that the marriage is null and void for the reason that either party was lunatic Or idiot, i.e., at the time of marriage. It means that the party must be lunatic or idiot at the time of marriage and continues to be so till the filing of the Petition. No period of limitation is prescribed.

The Special Marriage Act, 1954

Section 24(i) lays down that marriage be declared null and void if marriage is solemnized if provisions of Section 4 of the Act are not fulfilled. Section 4(b) (ii) lays down that marriage cannot be solemnized if either party though capable of giving valid consent for the marriage was suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children.

Section 27(e) lays down that Divorce can be granted if either party has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the Petitioner cannot reasonably be expected to live with respondent. It is explained in two Explanations to Section 27(e) that (a) ‘mental disorder’ means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia. (b) expression ‘psychopathic disorder’ means a persistent disorder or disability of mind whether or not including sub-normality of intelligence which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent and whether or not it requires or is susceptible to medical treatment.

The unsound mind or mental disorder is really explained to the fullest extent in Section 27(e). No period of limitation is prescribed.

Section 24(i) refers to the mental disorder before marriage whereas Section 27(e) refers to mental disorder after the marriage.