Marriage is a sacred bond, but certain situations, like mental illness, can strain the relationship to the breaking point. In Pakistan, the law provides specific grounds for divorce if one spouse suffers from mental illness. This article will explore the legal framework, relevant laws, and judicial decisions in Pakistan concerning divorce due to mental illness. We will also answer some frequently asked questions (FAQs) to address common concerns.
Legal Framework for Divorce Due to Mental Illness in Pakistan
In Pakistan, divorce is governed by the Muslim Family Laws Ordinance, 1961 and the Dissolution of Muslim Marriages Act, 1939. For a spouse seeking divorce on the grounds of mental illness, the latter is particularly relevant.
Relevant Section of the Law
The Dissolution of Muslim Marriages Act, 1939, Section 2(ii), states:
“A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage if the husband is insane or has been suffering from mental illness for a continuous period of two years.”
The term used in Urdu for “mental illness” is اذہنی مریضی.
For men, while there isn’t an explicit clause in the Dissolution of Muslim Marriages Act addressing mental illness of the wife, the grounds of Khula (mutual separation) or Talaq (unilateral divorce) can be invoked.
Understanding Mental Illness in Legal Context
Mental illness in the legal framework encompasses severe conditions like schizophrenia, bipolar disorder, and other psychiatric illnesses that make it difficult for the spouse to maintain marital obligations. However, a court decree typically requires medical evidence and expert opinions to establish the severity and duration of the illness.
Judicial Precedents
Several court decisions provide clarity on this matter. Here are some key cases:
- Shahida Parveen vs Muhammad Munir (PLD 1983 SC 95): This case highlighted the importance of providing medical proof to establish mental illness in divorce cases.
- Muhammad Siddique vs Mst. Rubina (PLD 2004 Lahore 580): The court emphasized that chronic mental illness causing marital disharmony is a valid ground for divorce.
- Gulshan Bibi vs Muhammad Amin (2013 SCMR 197): The Supreme Court ruled that mental illness must be proven through credible evidence and a certified psychiatrist’s report.
These judgments underscore the necessity of concrete evidence to pursue divorce on mental illness grounds.
Procedure to File for Divorce Due to Mental Illness
- Consultation with a Lawyer: Seek legal advice from an experienced lawyer, such as Azam Ch Advocate from Sattaria Law Associates.
- File a Suit: File a suit for dissolution of marriage (for women) or initiate the process of Talaq (for men) in the family court.
- Medical Examination: The court may order a medical examination of the mentally ill spouse to verify claims.
- Court Proceedings: Attend court hearings where evidence, including medical reports, will be presented.
- Final Decree: Based on the evidence, the court may grant a decree for dissolution of marriage.
Challenges in Divorce Due to Mental Illness
- Stigma: Mental illness is often stigmatized in society, making the process emotionally challenging.
- Proof of Illness: Providing sufficient medical evidence is crucial but can be difficult without cooperation from the spouse.
- Family Pressure: Families may resist divorce due to cultural or religious reasons.
Frequently Asked Questions (FAQs)
1. Can I file for divorce if my spouse refuses to undergo a medical examination?
Yes, the court can order a medical examination based on the evidence presented. A refusal to comply may strengthen your case.
2. How long does it take to obtain a divorce in such cases?
The duration varies depending on the complexity of the case, but typically, it can take 6-12 months.
3. Is there financial support for the mentally ill spouse after divorce?
Yes, under Pakistani law, a mentally ill spouse may claim maintenance if they cannot support themselves.
4. Can Khula be granted on the grounds of mental illness?
Yes, a woman can seek Khula if the marriage is causing hardship due to the spouse’s mental illness.
5. Are there any alternatives to divorce for couples dealing with mental illness?
Yes, options like marital counseling, psychiatric treatment, and family mediation may help resolve issues without divorce.
Advocate for Legal Assistance
For expert legal assistance in cases of divorce due to mental illness, contact:
Azam Ch Advocate
Sattaria Law Associates
220, 221, 222 District Courts, Okara
Google Map: https://maps.app.goo.gl/qTEKtiAxwGUqdm5x7
Mobile & WhatsApp: +923006954414
Website: www.azamchadv.com
Conclusion
While mental illness can be a valid ground for divorce in Pakistan, the process requires careful legal and medical consideration. Consulting an experienced advocate can make the process smoother and ensure your rights are protected. If you or someone you know is considering divorce due to a spouse’s mental illness, seek professional guidance to navigate this challenging time.
