Ask Gulf News: Can a wife seek divorce if her husband has a serious mental illness?

Question: I am a Muslim woman married to a Muslim man. My husband suffers from psychological disorders, schizophrenia, and severe depression. The hospital gave him a report confirming this.  I want divorce. Do I have the right for divorce and what should I do to prove his situation?

 Answer: You have the right to request divorce, because if one of the spouses find in the other a disease or a serious defect that is among repulsive or harmful defects, or that prevents sexual pleasure, he/she may request revocation of marriage, whether that disease existed before the contract or occurred afterward.

Article 69 of the Federal Law No. 41 of 2024 on Personal Status Law regarding Court’s Revocation of Marriage Contract Due to Disease or Harmful Defect, mentions that (The right to revocation extinguishes if he/she knew about the disease or defect before the contract or accepted it afterward explicitly or implicitly, provided that the wife’s right to request revocation due to disease or defect preventing sexual pleasure shall not be extinguished in all circumstances.. If the disease or harmful defect cannot be cured, the court revokes the marriage contract without any need for a grace period. However, if their removal is possible, the court shall postpone the case for an appropriate period not exceeding one year. If the defect or disease does not disappear during that period and the person seeking revocation insists, the court will revoke the marriage contract. The court may seek the assistance of experts in identifying the disease or defect, assessing it, and the possibility of treating it)

To prove such matter, you may request the court to contact the hospital to obtain a report on your husband's condition. Or you can ask the court to have your husband examined by a medical committee to assess his condition.