Epilepsy disease Bombay High Court; Epilepsy Not A Divorce Reason Bombay High Court said- this is not an incurable disease, rejected the divorce petition.

The Bombay High Court said a partner cannot seek divorce under the Hindu Marriage Act on the ground that the spouse suffers from epilepsy. Epilepsy is neither an incurable disease nor a mental illness. Along with this, the bench of Justice Vinay Joshi and Valmiki Menezes rejected the divorce petition filed by the husband. Earlier, the family court had also rejected the man’s application.

The court said that the evidence given by the husband does not prove that epilepsy is an obstacle to living together between husband and wife. The bench referred to the historic decision of the Bombay High Court in 1976 in Raghunath Gopal Daftardar vs. Sav, Vijaya Raghunath Daftardar. In which the husband had filed a petition in the court saying that the wife did not tell him before marriage that she suffers from epilepsy, that is why he wants a divorce. At the same time, the court had rejected the man’s petition.

The petitioner had filed a divorce petition in the family court in 2013, which was rejected by the court in 2016. After this, the husband filed an application in the Bombay High Court demanding divorce under the Hindu Marriage Act.

Husband said- wife had threatened to commit suicide
The man told in the petition that his wife’s behavior was also not normal. He threatened me to commit suicide. Epilepsy is an incurable disease, due to which the wife’s mental condition was also not good. My marriage broke due to this mental torture and cruelty. I cannot expect to live with them under these circumstances.

Wife said- my husband threw me out of the house
The wife denied all the allegations made by the husband. She claimed that her husband had thrown her out of the house. The wife had demanded maintenance for herself and her daughter. The woman told that I am getting my treatment done.

The woman’s doctor appeared in the court as a witness. After hearing their arguments, the court said that the two doctors have made two things clear. The first is that the woman is only suffering from a brain attack and not from epilepsy. Secondly, this woman is undergoing treatment, so she can live a normal life.