• Wife harassment she has mental problems, showing me hell.

Hi

I got married in 2009 with a girl in village.she has some serious.mental problems she acts like chandramukhi every now and then almost once in a week to 10 days. she will do disturance and he'll yelling..threatening..crying...etc..on any issue..issue starts from parents, sisters..etc..financial things...she don't work..unfortunately we have 2 kids...in between I went to USA in 2011 and stayed for 5 years..she came to USA for an year and I brought her back for visa things....after that my visa expired...I got frustrated and missed kids..so thought she will completely change after all these years....I came to India every year.. I didn't leave her...never she showed interest....but her doing things mentally split personality didn't changed anything..she is very clever....she shows me a fool in front of others...both are middle class family and we have 2 kids....she.have only younger brother her mom waste village lady...but her brother know all rules and regulations..so I told them many times since she listens to him.
After Atleast 10 meetings in 8 years of marriage life...she is same..I understood his Bro playing safety and supporting her in all ways...
Now am sugar patient..not having good standard job..no backup financially...even though I went USA..I spent on family when she came.to usa to make her happy....
I love my kids...but I can't go with her anymore in life...she cries in meetings kids anyone who comes.to resolve issues they will believe and show sympathy toward her that much good actor she is.....she changes situations, words very cleverly in her favour in meetings with third person.

I want to file divorce..all telling rules are on women side..I want my kids..buy n girl. I can't take.more harassment from her...am out of hope and patience.please advice.
Asked 8 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

you can file for divorce on grounds of mental cruelty

2) seek joint custody of kids

3) you will have to prove allegations made in divorce petition to be granted divorce

4) in the event wife files false case of dowry harassment apply for and obtain AB from sessions court

5) convince your wife to visit a psychiatrist . she may be suffering from mental illness and needs treatment for her illness

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Your wife seemsto have been suffering for somementalaimets.

She needs treatment than personal attention.

Get her treated from psychiatrist. Such diseases are often cured or brought under control.

Since you have kids thinking in terms of divorce is not advisable.

If she refuses to give mutual consent divorce then contested divorce suit will take lot of years of time and it may be followed by her criminal cases .

Hence give some time to this marriage .

IF SHE IS CURED YOUR PROBLEM MAY BE RESOLVED.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Respected sir...

Most of the girl's who used to get married with a boy of city the problem used to come in there life because there is a big gap in between your and her thinking ..

Sir you have to mention such a solid ground that will lead to divorce as per me this is not only sufficient so just take a help of lawyer he will let you know all the things and facts and yes ..Your filling of divorce first will probably help you because she will surelly file fake case against you ..No need to worry child will be with you you have to file child custody for that ...

Firstly file a petition under section 13-A of HMA..And mention all such ground ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Consult some psychiatrist to see if your wife is suffering from mental ailment.

Try and ask her for mutual consent divorce, the same will be beneficial for everyone.

If she refuses to agree for the same, then file a case of divorce on the ground of cruelty and seek joint custody of the child.

Bear in mind that you will have to prove all the allegations leveled by you to prove your case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you are done with this relationship and the same is beyond repair, you could apply for a divorce on the ground of mental cruelty by way of preferring an application under section 13(1) of the Hindu Marriage Act.

Also, move a application separately under section 26 of the same Act, to seek interim custody of your children.

Contact a local lawyer who may do all of the above on your behalf.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If there is a permanent history of mental disorders you my file a divorce citingting the reason of permanent mental illness please remember that in case of divorce all the expenses related to her Medical and wellbeing will be worn by you so it is better to get her checked in a mental hospital or by marriage Counselor to get things corrected if possible.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi, you can proceed with divorce in the ground of her mental condition , if you have reports supporting her mental condition from a govt. hospital .. You can file for the custody of your child in court .. It is true that our law is partially favour women , but if you have strong medical grounds then the divorce can be granted

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

if you don't want to love with her anymore you can file for divorce and also for custody of your children. custody of children depends upon age of your child and also the mutual settlement between you and your wife.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

You can file the divorce petition on the grounds of mental cruelty along with the custody of your children.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

If you think that it is not tolerable anymore to live with her a happy married life, then you can file a contested divorce case on the grounds of mental cruelty and can mention all the episodes that have taken place so far in your divorce petition.

You can file a child custody petition also to have the children with you permanently and highlight her backgrounds and her health status to seek the children under your custody.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer