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Can depression be considered a ground for divorce?

Answered by: Dr MC Gupta (Advocate) | Advocate & Health and Medico-legal Consultant,
New Delhi

Q: I am a 31 years old man suffering from moderate to severe depression for the past 8 months due to continuous torture from my wife and mother-in-law. Now my wife and mother-in-law have approached the court stating that I have a mental disorder by birth. Can depression be considered a ground for divorce?

Mental disorder usually means a psychiatric disorder. In practical terms, I do not know of any psychiatric disorders present since birth.

Congenital neurological disorders are known, but can't be ground for divorce, in general [For example, unless they are fraudently concealed before marriage].

Moderate or severe depression is not, in law, a ground for divorce.