1) file for divorce on grounds of mental cruelty
2) wife abusing husband amounts to mental cruelty
3)will physically assaulting husband amounts to mental cruelty
4) seek sole custody of your child
Need advice on divorce
I am married for 4 year and I have a baby age 3 yrs. My wife’s parents have cheated me by not disclosing that she has problem in her Brain from childhood “sclerosis” and “volume loss in brain” (Behaviour & Fits problem). Her parents encouraged her to take tablets daily after marriage without my permission. Now I am facing lot of problems with her, she takes 5-6 tablets daily. She gets fits if she dint take tablets. Her behavior is not good. She shouts at me with filthy language and beats me. Doctor says she gets more anger and tablets are given to control her anger and fits. Her brain is little bit small in size (volume loss) because of that behavior problem. She beats her parents too. I am getting tortured with all these problems. My uncle is threatening me. He is a journalist. I have all Doctors prescription and medical reports of past. I have a baby. Plz advice me what I should do and how should I proceed.
Asked 7 years ago in Family Law
Religion: Hindu
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6 Answers
1. Since you have baby with her and you are married with her for the last 4 years there is no other advice except to treat her by a good doctor.
2. This round is not enough to get divorce from her. So forget this option.
3.i am sure if you get wife recovered from the disease which would surely take some time all your happiness would be brought back automatically.
All the best.
Dear Querist
if you are willing to divorce then based on medical ground you can not get the divorce from her as this is a curable disease and your petition will be dismissed.
You may file a divorce petition before the court based on cruelty under section 13(1)(ia) of Hindu marriage Act-1955 and also may file a child custody petition before the family court too.
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You can decide about continuing the married life with her or not.
The life would be miserable if you are compelled to continue the married life with her anymore.
Since you have the medical records and evidences for her abnormal behavior and such an act is beyond tolerance and cannot be endured anymore, you can decide to file a divorce case on the grounds of mental cruelty due to her medical and mental ailments.
In fact her ailments which can be proved by medical records, is a situation beneficial to you for seeking child custody too which can be said that the child's welfare is of paramount interest.
As per the advice given by Devajyothi Barman sir, Sir, the disease which she has is being treated from last 18 years, how can it be treated now? and i came to know her brain development is not good, how about that. I tried my best but, but she has very abnormal behaviour. She cries a lot, shouts and beats me, abuses me and my family members. She gets anger that she does not even know what she is doing. It takes 2 hours to calm down her anger. She abuses me that i do not have any properties, which i was clear at the time of marriage. Her father played all this game by knowing what will happen to me in future (because they experienced the same thing in their life. Her father is threatening me. She is staying with her parents from 1 months. I love my daughter very much and her responsibility is mine. why should i bear all this torture with her. please advice.
Asked 7 years ago
file for divorce on grounds of mental cruelty
mention the various incidents narrated by you in your query
you need not stay with your wife who is absuive by nature
As suggested earlier, it is reiterated that you may seek the relief of divorce if the tortures and harassments are intolerable.
Her medical records and mental ailment may not only help you in getting you divorce but also it would support your claim seeking custody of your child.
Thus you may file a divorce case to get relieved from her constant mental tortures and stress caused by her acts due to her mental ailments.
You may also file a child custody case immediately to retrieve your child from her grip so that the child is not affected any further.