You can file for divorce on grounds of mental cruelty
you have to prove allegations made in divirce petition
metely because wife is suffering from mental mental illness is not ground for divorce
I have married on 13 dec 2017 , my wife's behavior is like a schizophrenia patient, need divorce. Details will be available on further discussion.
You can file for divorce on grounds of mental cruelty
you have to prove allegations made in divirce petition
metely because wife is suffering from mental mental illness is not ground for divorce
For the past 2 months I am sleeping separately. As I don't want to indulge in any marital activities. I am giving her indications that ..the final result is soon going to happen..am I doing the right thing!!
You should consult a psychiatrist
see that your wife takes medicibe for her illness
sleeping separately is not a solution
See you can file a divorce on ground of behaviour and cruelty of your wife under section 13 hindu marriage act though first try for a mutual divorce in case that fails then you can go for a contested divorce.
I want a lawyer who is very well versed with medical psychology and legal
See you can be separated from her further you can persuade her for a mutual divorce if she is ready to give same then there won't be any hassles in that case.
File a petition under sec 12 of Hindu marriage act.also note that you should be having all medical records for her diseases and the fact of her diseases.
See for the advise in the case complete facts and documents needs to be perused based on same we can further advise you.
1) You can go for divorce on medical grounds. One can apply for divorce in the family court before that you need to live separately at least 6 months from your wife.
1. If she was patient suffering from mental illness well before her marriage with you then it is a material suppression of fact for which you can file a suit for nullity of marriage.
2. however if she contests such suit , it will take lot of time.
3. Hence it is advisable that you go for amicable settlement and get a mutual divorce.
4. if she is unemployed then you can not avoid her maintenance.
Dear Sir,
Schizophrenia is not a good ground for divorce, find some other grounds for divorce.
It used to be the case few years before, but a recent ruling by the supreme court has put such things on seeking divorce due to Schizophrenia not a viable option any more.
Temporary ill-health including schizophrenia, a mental illness, which is curable, cannot be a ground for divorce under Section 13 (1) (iii) of the Hindu Marriage Act, the Supreme Court has held.
1. Schizophrenia is not a ground of divorce as it is curable. Courts have in a long line of decisions refused to grant divorce on this ground. The context in which the idea of unsoundness of mind as " mental disorder " occur in matrimonial law as grounds for dissolution of a marriage, requires the assessment of the degree of the " mental disorder". Its degree must be such that the spouse seeking relief cannot reasonably be expected to live with the other. All mental abnormalities are not recognised as grounds for the grant of divorce.
2. Come with complete details at the outset.
from the facts provided by you, no ground for divorce..................
merely because the wife is suffering from any illness, which is curable, is not a ground for divorce,
sleeping separately is NO SOLUTION, it's your choice........
you can contact any lawyer from the database of this website.
1.Better to take the Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. There is nothing wrong in your asking for marriage expenses.
5. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
Dear Sir,
- You may apply for divorce however, 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).[6]
- Divorce petition may be submitted U/s 13 (1). iii of the Hindu Marriage Act, and 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.”
- You can connect with local lawyer. Any good lawyer can contest the case on merit.
Regads
Vivek Arya
- As per the Judgement of the bench of justices P Sathasivam and BS Chauhan under Section 13 of the Hindu Marriages Act, A husband or a wife is entitled to divorce if either spouse is found to be mentally unsound or indulges in cruelty, the Supreme Court has held.
- But you will have to place sufficient evidence to justify your claim before the court of law.
You want to dissolve your marriage by a decree of divorce you may contact a local advocate who will be be to guide you and take up the case as per law.
It is your decision to cohabit with her or to remain away from her, this has nothing to do with the proposed divorce case to be file against her.
You can look for a lawyer ion the local who may suit your needs or can look for one in this forum too who may hail from your native place and willing to take up your case on his or her terms.
1. You shall have to avail the evidence that your wife iwas suffering from schizophrenia before she was married to you. Collect prescription from a Govt. Hpspital to this effect.
2. Thereafter you can file a petition for annulment of your marriage on the ground that vital fact was suppressed from you before availing yourn consent for marriage and had the said fact been made known to you, the consent for marriage would not have been given by you.
1. Your filing of petition for annulment or divorce does not necessarily guarantee your getting the order as prayed for.
2. You shall have to file the said application with adequate evidence in support of your allegation.