Yes, mental illness can become a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, though the statutory threshold is specific and relatively high, requiring that the spouse has been suffering from a mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the affected spouse, rather than simply the existence of any mental health condition being automatically sufficient grounds.

The law specifically requires establishing either that the spouse suffers from a mental disorder including schizophrenia, or is suffering from mental illness so persistent or recurrent that the affected spouse's condition genuinely and substantially prevents normal cohabitation, and courts examine expert psychiatric testimony alongside evidence of how the condition has actually manifested in the marital relationship before granting divorce on this specific ground. Simple diagnosis of a manageable mental health condition, particularly one being appropriately treated, generally does not meet this threshold.

To establish this ground, medical evidence is essential, typically including psychiatric evaluation reports, treatment history, and expert testimony explaining the nature, severity, and impact of the condition on the marital relationship and the petitioner's ability to continue cohabiting with the affected spouse. Courts approach this ground with considerable sensitivity, recognising the stigma historically associated with mental illness while still respecting the genuine hardship a severely affected spouse's condition may impose on the marriage.

Given the sensitive and evidentially demanding nature of mental illness-based divorce grounds, it is essential to approach such cases with both compassion and careful legal preparation, ensuring the evidence presented accurately reflects the genuine severity of the condition without unnecessarily stigmatising mental health struggles. Consulting the team at Aapka Legal Advice can help you navigate this sensitive ground appropriately, whether you are pursuing or defending against such a divorce petition.

Given the complexity and sensitivity involved in mental illness-based divorce cases, obtaining a second opinion from a retired judge on the strength of your specific evidence can help you approach this difficult matter with appropriate care and realistic expectations. Experienced divorce lawyers and retired judges are available through Aapka Legal Advice's divorce lawyer network, regularly assisting clients with these sensitive matters.

In conclusion, mental illness can indeed serve as a ground for divorce, but only where the condition meets the specific statutory threshold of severity, making thorough medical evidence and sensitive legal handling essential to any case built on this ground.