Lunacy as a Ground for Divorce

For any marriage to be legally valid, consent is an essential ingredient. If the court is satisfied that one of the parties to the marriage did not give consent or was not of sound mind to give consent with a clear understanding of what marriage entails, the marriage may be annulled on the ground that one of the spouses was not of sound mind at the time of the marriage.

However, if there is no medical proof to support that one of the spouses was of unsound mind prior to or at the time of marriage, the marriage cannot be held null and void.

Who is a Lunatic?

A person who is an idiot or of unsound mind is considered as a lunatic. In section 19 of the Indian Divorce Act, the term 'idiot' pertains to a person who suffers from intellectual and mental deficiency so as to be incapable of rationale thought or conduct.

In Title v Alfred Robert Jones, AIR 1934 All 273,  the court held that a person who goes fishing, horse riding, shooting and reads books cannot be called an idiot as it is clear that he understands the nature of marriage and what it entails.

Is Lunacy the same as Insanity?

Lunacy also includes insanity that is interrupted at lucid intervals. Even in such cases, a marriage can be held null and void because marriage involves lucid mental capacity of both parties for it to remain valid. Although a doctor's opinion is not considered conclusive, it usually guides the court to reach an informed decision.

Why Indian Courts Exercise Caution

Indian courts exercise great caution before directing an enquiry about the person against whom mental incapacity is alleged. Without tangible materials and acceptable data,  the Indian courts do not usually take a decision. The courts do not want to cause incalculable damage to the reputation and family of the individual whose mental capacity is questioned.