Section 48 of The Divorce Act, 1869
When the husband or wife is a lunatic or idiot, any suit under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.
Summary
- If a husband or wife has a severe mental disability, they cannot file a lawsuit themselves.
- A legally appointed caretaker or the person who has custody of them can file the lawsuit on their behalf.
- This rule applies to almost all lawsuits under this law.
- The one exception is that a caretaker cannot file a lawsuit trying to force the spouses to live together again (restitution of conjugal rights).
Practical examples
FAQ
1. Can a mentally disabled person file for divorce?
Yes, but the suit must be brought by their legal committee or the person entitled to their custody.
2. Are there any lawsuits a caretaker cannot file for a disabled spouse?
Yes, a caretaker cannot file a suit for restitution of conjugal rights, which means trying to legally force the couple to resume living together.
3. Who exactly is allowed to sue on behalf of the disabled person?
The committee (a formally appointed guardian group) or another person who is legally entitled to their custody.
Test yourself
Q1.Under Section 48 of The Divorce Act, 1869, who is authorized to bring a suit on behalf of a spouse who is severely mentally disabled?
Q2.Under Section 48 of The Divorce Act, 1869, what specific type of suit is expressly forbidden from being brought on behalf of a severely mentally disabled spouse?
Q3.According to Section 48 of The Divorce Act, 1869, if a husband is a lunatic, how does the law treat a petition for his judicial separation compared to a petition for restitution of his conjugal rights?
Q4.Under Section 48 of The Divorce Act, 1869, does the rule for filing suits on behalf of mentally disabled persons apply to both husbands and wives?