• Divorce from wife

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.
Asked 11 days ago in Family Law from Guwahati, Assam
Religion: Hindu

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 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

You should consult a psychiatrist 

 

see that your wife takes medicibe for her illness 

 

sleeping separately is not a solution 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

See for the advise in the case complete facts and documents needs to be perused based on same we can further advise you.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

You can file a Divorce Petition in family court for same

Prashant Nayak
Advocate, Mumbai
6126 Answers
5 Consultations

4.8 on 5.0

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.

Ganesh Kadam
Advocate, Pune
6054 Answers
43 Consultations

4.9 on 5.0

Number of lawyers on this website contact any of them 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
15739 Answers
218 Consultations

5.0 on 5.0

  1. I'm competent in such matters 
  2. Come to my office for exhaustive consultation. 
  3. Seek appointment. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
378 Answers
1 Consultation

4.7 on 5.0

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.

Netravathi Kalaskar
Advocate, Bangalore
1730 Answers
5 Consultations

5.0 on 5.0

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. 

Ashish Davessar
Advocate, Jaipur
25432 Answers
723 Consultations

5.0 on 5.0

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.

 

Suneel Moudgil
Advocate, Panipat
232 Answers

4.0 on 5.0

 

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.

Shashidhar S. Sastry
Advocate, Bangalore
1875 Answers
127 Consultations

5.0 on 5.0

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

Vivek Arya
Advocate, Gurgaon
123 Answers
2 Consultations

5.0 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
274 Answers
9 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
21342 Answers
545 Consultations

5.0 on 5.0

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. 

Krishna Kishore Ganguly
Advocate, Kolkata
21342 Answers
545 Consultations

5.0 on 5.0

You need a medical report/prescription from a Govt. Hospital about her alleged mental state without which you will not be able to get tge decree for annulment or divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
21342 Answers
545 Consultations

5.0 on 5.0

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