There is ample material to show wife not only suffered from a diminished IQ, but also had no control over her bladder and motions. The family court rightly considered husband’s evidence for divorce on the ground of cruelty,

Relying on evidence of a psychiatrist and a psychologist that there was no cure of low Intelligence Quotient (IQ), the Nagpur bench of Bombay High Court granted divorce to Chhattisgarh-based husband with an important ruling that it was difficult for him to live with wife having a low IQ.

“Both psychologist and psychiatrist clearly stated in evidence that wife had diminished IQ since beginning and it wasn’t possible for them to cure such cases. The psychologist stated that wife’s IQ was 62 while that of normal person should be at least 90. The psychiatrist also admitted it was not possible for a person to lead a happy married life with the spouse with diminished IQ,” a division bench comprising Justice Vasanti Naik and Justice Anant Badar held while upholding Nagpur family court’s verdict of May 15, 2013.

The marriage of Amol and Anjali (names changed) was solemnized on November 27, 2009, in Nagpur but soon problems started to crop up after husband realized that wife had a myopic vision, which was not disclosed to him before marriage. Afterwards, the wife’s abnormal behaviour like constantly threatening husband with suicide, roaming without clothes in bedroom in daytime, throwing clothes and biting nails led to constant quarrels between them.

She was then taken to a psychiatrist where it was revealed that she used to take medicines for psychiatric treatment before marriage. She was then referred to a psychologist for IQ test. Later both psychiatrist and the psychologist said that despite administering medicines to her, there was no development and her diminished IQ could not be cured. Even another psychiatrist who administered medicines to the wife before marriage also told the husband that mental disorder of wife was incurable.

Subsequently, the husband filed case for separation with the family court which granted him divorce on ground of cruelty and unsoundness of wife’s mind that she challenged in the HC. In her evidence, the psychologist informed that wife’s IQ was low since birth and if it is less than 70 then there may be difficulty in leading a happy marital life. She added that the wife’s understanding was less and she could not understand questions posed to her properly.

The psychiatrist confirmed Anjali was suffering from a psychiatric problem and she had been administered certain medicines. He stated that the behaviour could be improved with medicines but not IQ. Wife’s doctor informed she was mentally retarded since birth and was prescribed Sizodon tablets for reducing behavioural problems.

Justices Naik and Badar observed that wife’s behaviour pattern was such that it was not possible for husband to believe he could have lived with her under one roof. “There is ample material to show wife not only suffered from a diminished IQ, but also had no control over her bladder and motions. The family court rightly considered husband’s evidence for divorce on the ground of cruelty,” the court held before dismissing wife’s appeal.

What HC said?

  • Wife’s IQ was 62 while that of normal person should be at least 90
  • Not possible to lead a happy married life with spouse with diminished IQ
  • Not possible for psychologist and psychiatrist to cure such cases
  • Wife had no control over her bladder and motions besides having low IQ
  • Family court rightly considered evidence for divorce on ground of cruelty