Mind, marriage, law: Re-assessing family dynamics in India

Despite the courts paving the way for legal representation, there is hesitation in seeking divorce or separation. Family honour often takes precedence.
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In June 2025, Rithanya from Tamil Nadu’s Tiruppur district died by suidcide allegedly due to dowry harassment, triggering debates across the country. The concerns intensified after the victim’s family demanded the investigating officer’s transfer citing alleged procedural irregularities. The recent death of Twisha Sharma in Bhopal painted a similar picture. This case also highlighted the alleged involvement of educated and well-established professionals. Uttar Pradesh also reported a similar incident within the same timeline. All the cases point to the existence of the social evil called dowry. 

The occurrence of such episodes is unfortunate given the advancements in education, science, and technology today. Further, they depict a lack of acceptance and a sense of taboo in relation to the mental health of individuals. While marriage was intended to ensure the existence and strengthening of families, its contours have witnessed many alterations over the years. It is pertinent to examine the dynamics of familial relationships with regard to facets such as mental health and legal assistance.

Mental health and the family

While ‘family’ is accepted to be a fundamental unit of society, its definition remains ambiguous. In the 1997 case of KV Muthu vs Angamuthu Ammal, the Supreme Court held the following: “In its restricted sense, “family” would include only parents and their children. It may include even grandchildren and all the persons of the same blood living together. In its broader sense, it may include persons who are not connected by blood depending upon the context in which the word is used.”

In 2001, while adjudicating State of Orissa vs K Srinivasa Rao, the Supreme Court emphasised on how the Orissa Land Reforms Act of 1960 defined family to include a married woman, her husband, and their children, whether major or minor. However, 20 years later, the apex court’s landmark judgement in Deepika Singh vs Central Administrative Tribunal threw light upon unconventional familial structures and the need for their protection.

The altering essence of a family has resulted in newer dimensions to various roles in a household. This also paves the way for a new set of problems and further complicates the ‘balancing act’. Work pressure, or infertility are among a few examples. Additionally, there can be a clash of views. Each of these can result in stress, anxiety, panic attacks, and more. The unwillingness to communicate openly about the same in the present is worrisome. 

Further, there continues to be stigma associated with mental health. Many still perceive all problems of the mind as extreme psychiatric disorders. The hesitation to seek professional help or communicate about behavioural changes with a qualified expert persists. Evidently there is a disrespect for the trifecta – mental health, happiness, and law.

Stepping away is healthy

It is unfortunate that the present era also witnesses much backlash in matters of divorce, separation, and the like. This comes even after the Supreme Court has stated otherwise. In the 2007 case of Samar Ghosh vs Jaya Ghosh, it recognised mental cruelty as grounds for divorce. Sixteen years later, in Rajib Kumar Roy vs Sushmita Saha, it explained how ‘irretrievable breakdown of marriage’ is also a facet of ‘cruelty’.

Yet family honour often takes precedence. Despite the courts paving the way for legal representation in such scenarios, there is hesitation. More importantly, not many individuals can afford effective and meaningful legal assistance. The situation only worsens when there are children involved.

To this end, it is important to remember a few key elements of family welfare. Firstly, the law recognises the role of mental health. It does not discount a person with a mental illness, irrespective of its intensity, and their right to live a dignified life. This also includes a happy and safe marriage. Secondly, the Mental Healthcare Act of 2017 (chapter V) provides support to address mental health concerns. This includes a proactive role by family members (section 17 and section 98 of the Mental Healthcare Act).

Human relationships are dynamic. It is therefore no mystery that marriage is a ‘work-in-progress’. Then again, the inability to fulfil the demands of this institution does not warrant insults or belittling. Moreover, such scenarios disturb the foundations of a healthy family life. So it is key to establish a foundation built on open communication and awareness about mental well-being to ensure a family prospers.

Gitanjali Diwakar is an advocate based in Chennai.

Views expressed are the author’s own.

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