• Divorce on mental illness grounds

I got married in 2013 to a girl. in starting she was pretty well but after 3rd month she started doing such thins which we normal people generally don't do, she used hit herself with the slipper,she often tried to commit suicide twice. after that i took her to the doctor where she has been undergone to her treatment for her mental illness and it;s been 6 years she is taking her treatment but there is no recovery so just wanted to know can i get divorce on medical grounds
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu

Mental disorder can be ground for divorce.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

hello

the girl you married was mentally ill from the beginning which her parents did not tell you and that is why they are guilty of hiding material facts from the groom's family.

therefore you can file a divorce case on grounds of hiding material facts from the groom which directly have a bearing upon the marriage.

regards

Rahul Mishra
Advocate, Lucknow
7928 Answers
15 Consultations

5.0 on 5.0

a marriage which has been solemnised is a voidable marriage and hence a petition should be filed in the family court to declare such marriage void. an alternate prayer must also be taken u/s 13 to grant divorce due to unsoundness of mind.

regards

Rahul Mishra
Advocate, Lucknow
7928 Answers
15 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty

2) wife threatening to commit suicide amounts to mental cruelty

3) wife abusing husband amounts to mental cruelty

4) rely upon her medical records to prove that she is suffering from mental illness

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Contact a local lawyer and file petition as mentioned herein above

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

1) If you have all medical proof or evidence against her that she is illicit or not mentally fit. Than you can apply for divorce.

2) Procedure is normal divorce filing case only you have change subject line she is not mentally fit and your in-laws had not told any thing regarding this at the time of marriage.

Ganesh Kadam
Advocate, Pune
9590 Answers
80 Consultations

4.9 on 5.0

You can never get divorce because of your wife's ailment. Court will not grant divorce until you prove that you were being cheated of the ailment she had which was forced upon you. Still discretion lies upon court to grant divorce.

Aveek Bose
Advocate, Kolkata
1117 Answers
7 Consultations

4.7 on 5.0

1. It is a ground for dissolution of marriage under Hindu Marriage Act if the spouse has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

2. You will have to prove from her medical documents that she is incurably of unsound mind. So collect all her documents.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

Just file divorce petition in the family court on the ground of mental illness cruelty and non compatibility you must leave separate for at least six months before filing the petition the court will take its time and the procedure to award divorce decree

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

Section 13 of the Hindu Marriage Act 1955 and Section 27 of the Special Marriage Act 1954 stated the grounds and reasons for divorce

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and therefore cannot be expected from the couple to stay together.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Answerd by Adv kavery Anand Bangalore. Yes sir.. u can get Divorce on unsound mental condition of ur wife...

So gather all the evidence.. like her treatment records.. Dr proscriptions bills .. since when she started showing mental disorders..

The file a case for divorce if she is not agree also ..u will get Divorce.

Pl give RATING and feedback for appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
318 Answers
12 Consultations

Not rated

Yes, this is a fit case where you can contest a divorce case against your wife on the ground of her mental illness.

File a case of contested divorce.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

Apply for a divorce in the Family Court.

Contact a local lawyer for the aforesaid purpose.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

Hi, it is advisable to get the medical done from a government hospital which will be more authenticative.. The divorce can be filed on the said ground

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

Supreme Court observed that to brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life (R. Lakshmi Narayan vs. Santhi, AIR 2001 SC 21 10).

According to the Section 13 of the Act, divorce or judicial separation can be obtained if the person has been “incurably of unsound mind,” or has been suffering continuously or intermittently from “mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.” The expression “mental disorder” means mental illness, arrested, or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia.

Supreme Court also observed that when there was sufficient evidence for the court to conclude that the slight mental disorder of the wife was not of such a kind and to such an extent that the husband could not reasonably be expected to live with her, divorce could not be granted (A.I.R., 1982 CAL 138)

Therefore you have to ascertain the illness and get it certified through a psychiatrist if you plan to file a divorce case against her or you can file a divorce case on the grounds of mental cruelty.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

can i know how it can be done

You somehow get her consulted with a psychiatrist and get a certificate to the extent of her mental illness.

After that you may plan to file divorce case accordingly after consulting a local lawyer.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Appoint a competent lawyer and file for divorce under Section 13(iii) of the Hindu Marriage Act.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

You file for divorce on Grounds of incurable mental illness of your wife, coupled with acts of cruelty against you.

Her actions is committing suicide and that too twice can become very serious for you and you should file for divorce without wasting any time.

You should also try to gather irrefutable evidence to support your claim by way of medical documents of your life as well as the expert opinion of the doctor treating her as that would be required in court to get a decree of divorce.

Siddharth Jain
Advocate, New Delhi
5442 Answers
61 Consultations

5.0 on 5.0

Unsound mind is sufficient ground for seeking divorce. So you can very approach with help of a legal practioner.

Anand Shukla
Advocate, Delhi
566 Answers
13 Consultations

4.9 on 5.0

Yes you can file the divorce petition on the ground of mental cruelty.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear sir,

You can opt mental illness as a ground for divorce, if the disease is that of an incurable nature

Gopal Bansal
Advocate, Delhi
3 Answers

Not rated

Yes you can take the divorce on the ground of mental stating stating the same to be mental cruelty

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

A petition will have to be filed in the family court with all the required documents.

the same will take approx 1-1.5 years

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

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