Epilepsy is a neurological disorder marked by sudden recurrent episodes of sensory disturbance, loss of consciousness, or convulsions, associated with abnormal electrical activity in the brain.
Nowadays, epilepsy is considered to be a completely curable disease. Therefore, it may not be possible to obtain divorce on the basis of epilepsy of the spouse.
It is pertinent to mention that previously under Section 5(ii)(c) of the Hindu Marriage Act, 1955, one of the mandatory conditions of a valid Hindu marriage was that neither party to the marriage has been subject to recurrent attacks of epilepsy. However, this mandatory condition was deleted by an amendment made to the said Act by the Amendment Act No. 39 of 1999. This clearly shows the intention of the Parliament to the effect that epilepsy is now not considered to be an incurable disease.
I may also point out that epilepsy is not mentioned in Section 13 of the Hindu Marriage Act which lays down grounds on which a marriage can be dissolved by decree of divorce.
Therefore, it may not be possible now to obtain divorce on the basis of the ground that the husband is suffering from epilepsy.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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