• Filing of divorce suit

My wife, 34, is a chronic schizophrenic and intermittently having relapsing to shake the family to a great extent. Presently she is in a rehab centre admitted for the last 21 days after she stopped taking food and medicines for 5 days. Earlier too she did so on two occassions(7 days & 3 days). Such irregularity was noticed first in 2008, 2-3 months after the birth of our daughter, and after 1 and 9 months after our love marriage.. She attempted suicide twice and often threatens to commit so and warns of legal actions against the entire family. There are other major incidents too occurred due to her inconsiderate acts and behaviours. She does not even behaves well with our daughter(10 trs. now). Often she refuses to share our common bed for days and even months.She is temperamentally cruel enough to make my life hell. Non-cooperation from my in-laws and their playing blame game against me and my family has worsened my state. I cannot bear with all the pain and abashments any longer. Can I file a Divorce suit right now ?
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

1. Under Section 13 of Hindu Marriage Act it is a ground of divorce if 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. Mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia. Psychopathic disorder means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment.

2. Record her suicide threats. For a spouse to threaten suicide and implicate the spouse and his family members is an act of cruelty under Section 13 HMA.

3. Her medical documents from rehab centre will have to be exhibited in evidence to prove the ground of divorce.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes you can file a suit on ground of cruelty and the unsoundness of the mind that under section 13 hindu marriage act along with the custody of the daughter. The above mentioned grounds cruel against you parents, amounts to cruelty further her suicidal tendencies can be pleaded before the court.

Yes you can file a divorce suit right now.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

schizophrenia alone cannot be the basis of divorce in your case as the disease is not incurable in nature. You can though file for divorce on the ground of mental cruelty.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Her hospitalization at your instance and/or expense does not preclude you from filing the petition if the ingredients of the grounds for divorce under Hindu Marriage Act are made out.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes there wont be any issue as such she can have sympathy of court as such but since she is having mental issues which takes really long time to settle so it would be time now to file divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Yes the medical documents will help you to get the divorce easily and get the child custody .

Please take decisions carefully as the future of your little child depends on it.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Absolutely, this is a fit case to approach the Fam. Court seeking divorce.

If your wife is suffering from incurable schizophrenia, you have a good case; otherwise you may seek divorce from your wife on the ground of mental cruelty and her mental illness both.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes, even today you may approach the Court with your divorce petition, and there's no embargo.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty

2) wife attempting to commit suicide amounts to mental cruelty

3) wife abusing husband amounts to mental cruelty

4) seek custody your daughter

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Not now you can file a divorce petition only after six month of separation from your wife on the basis of are mental condition long long time and and you need to provide a medical certificate in this regard that the disease is not curable along with the cruelity by your wife please keep in your mind that you have to provide lifetime maintenance in case she is not getting married again and you have to write the maintenance and education to your child

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Well, schizophrenia is a good ground for divorce and if you could show that due to her abnormal behaviour you are suffered with cruel acts from her end then decree of divorce can be granted.

2.In other words you can file a suit for divorce o the ground of mental cruelty.

3. However considering that this is a medical condition which can be cured or controlled with proper medication and there is a child born out of this marriage it is recommended not ake the extreme step of dissolving the marriage ; at least for the sale of the child.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, Sir, what you been doing right now for her shows your concern about her.

Secondly, but, at the same time it shows that you are concerned about your family also if you file a divorce petition now.

Thirdly, and this can be done easily on the ground of her being cruel to you and your family.

Fourthly, as you are afraid also by her warnings, and you want to put end to it now for the future of your daughter also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If the tortures and the humiliations are intolerable you may very well file a divorce case on the grounds of cruelty.

If you still hesitate to file the divorce case then you may file a judicial separation case seeking to remain separately away from her owing to her mental and physical cruelties including her eccentric behavior due to schizophrenia and related ailments.

The judicial separation may help you to be with your daughter without seeking child custody.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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