Certain mental disorders can render a person unfit for marriage or procreation. Thus, soundness of mind has been recognised as an essential prerequisite for marriage under all matrimonial laws. Sections 5(b) and 13(1)(iii) of the Hindu Marriage Act recognise soundness of mind as one of the grounds on which divorce might be claimed.
Similar provisions dealing with insanity can be found in other personal laws like the Special Marriage Act, Indian Divorce Act and Muslim personal law.
The Borderline Personality Disorder (BPD), also called “emotionally unstable personality disorder”, is one such mental disorder which has left legal jurists around the world perplexed. The unpredictable and uncertain manner in which the disease might afflict a person has made it difficult to determine whether the spouse of a BPD patient will be per se entitled to claim divorce in every such case.
Unstable interpersonal relationships is said to be one of the main symptoms which characterises the BPD. In a research done by the National Health Performance Authority, an independent healthcare organisation in Australia, it was found that it would be extremely difficult for the marriage of a BPD patient to survive because one partner would never be sure of how the other spouse was going to function emotionally on a day-to-day basis. Similarly, a research made by the Journal of Psychiatry and law also states that borderlines tend to have an unstable pattern of relationship with other people as well which might prove to be further detrimental to their matrimonial relationships. Although these research studies would indicate that the BPD would render a person incapable of fulfilling his matrimonial obligations and, thus, should qualify as a valid ground for divorce. However, several psychiatrists and medical experts argue to the contrary. They believe that the question of whether the BPD would qualify as insanity for the purpose of matrimony is necessarily a subjective question which would depend on the facts and circumstances of each case. The most critical tool in answering such questions would be the medical evidence presented in each case. A psychiatrist’s report on whether the spouse was capable of leading a normal marital life and maintaining a healthy relationship with his/her spouse even while suffering from the disorder would prove to be of paramount importance while deciding the case.
Several judicial decisions have touched upon the BPD issue and insanity. For instance, a US court in the case of Kien v United States rejected the plea of a BPD patient for grant of equitable tolling on the ground that the BPD impaired his judgment and left him psychologically handicapped. The court, taking into account the evidence presented, held that the disorder didn’t give rise to a presumption of incapacity in favour of the plaintiff. Similarly in India, in the case of Rajesh K Gupta v Ram Gopal Agarwala, the Supreme Court held that a woman suffering from the BPD was capable of taking care of her child and, thus, could be given the custody of her child. While deciding so, the court took into account the medical reports of the hospital where the respondent had been undergoing treatment which stated that she suffered from the BPD with “no obvious medical problems” and that “no further medical intervention” was necessary.
So, it is clear that the BPD in all cases would not amount to insanity under the matrimonial laws. This argument further gains strength if we consider the fact that there are certain States (e.g, California) where the law categorically excludes personality disorders from the definition of “mental disease” and, thus, rejects this legal proposition. Clearly, any mechanical, strict application of the law cannot be adopted as that would lead to grave injustice to the innumerous BPD patients who continue to lead a normal life despite having this disease. This is also not to say that every BPD case can be excluded from the definition of ‘insanity’. Every case is to be judged on its own merits before jumping to any conclusion.
As mentioned earlier, this question is necessarily a subjective one which would be determined by courts after taking into account various factors like nature of the disorder, chances of treatment and recovery and the period that has elapsed since the disease was diagnosed.
The mere existence of a bodyline personality disorder would not allow the spouse to claim dissolution of the marriage on the ground of insanity/unsoundness of mind. The degree of mental disorder which must be proved should be such which renders it impossible for spouses to live with each other. Only then would the disorder qualify as insanity and entitle the spouse to matrimonial relief under the laws.
(The writer is a member of legislative Research and Policy Club, National law University Odisha, Cuttack)