-  You have to get a government doctor prescription (NIMHANS) to prove mental illness.

-  11 year old daughter can choose to live with father instead of mother. 

-  There is a trick by which you can keep daughter with you instead of wife while divorce case will be ongoing.

-  Your wife is working women or housewife ?

1. Either parent is free, in the absence of an injunction order passed by the competent court, to take the child out of the custody of other parent without latter's consent. If you apprehend she may take your daughter with her then remedy is to file a suit for injunction.

2. Mother ceases to be the natural guardian of child once latter has attained the age of 5 years.

Dear Concerned,

There are a few queries that need to be answered:

- are you and ur wife living at the same place?

- If not then since when she is away?

Just as you feel that the divorce proceedings are lengthy that's a misinterpretation the process can be done within a span of 6 months too. While filing for the divorce itself u may file for the custody of the Child with you and if the reasons shown and proved genuine u will get the custody of the child.

Regards

Make application in family court seeking sole custody of your daughter 

2) enclose medical certificate that wife is suffering from mental illness 

In the circumstances filing of cases is not advisable,  more so, when you are unwilling for divorce.  Rather concentrate on treating your wife. 

You daughter has grow up enough to make her choice of staying with one parent if the situation arises. 

Under Hindu Minority and Guardianship Act, 1956 father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother. your dated will remain in your custody.

If you, your wife and daughter are living together under the same roof then the question of child custody do not arise.

If you are living separately apart from each other then you can file a child custody case on the same grounds that she is suffering from mental illness, hence the child's interest and future which is paramount will be hampered or may have an adverse impact. 

You may have to collect substantial documentary evidences to prove that your wife is mentally affected or suffering from the mental illness. 

There is no necessity to file a divorce case to file a child custody case. 

Dear Sir,

1) If you are all living together then the custody of child is not a matter of issue.

2) If you are living separately then you can file for sole legal and physical custody of the child. As the Child is 11 years old the court will also take into consideration her wishes.

3) The mother can be shown as incapable based on her mental health records. State that the wife will not be able to take care of the child and based on her welfare the court will grant you sole custody.

Thank you

Dear Sir,

You have a merited case to get permanent custody of your child. During the pending of such case child will be given to your custody. You must have sufficient documents about the health hazards of your wife to convince the court. Welfare of the child is most considered subject before the court. 

A divorce petition must be filed by you on grounds of cruelty and mental instability. The court will pass appropriate orders if there is evidence that she is not sound mentally.

You may also file a petition under the mental health care act.

1. You are already one of the two Natural Guardians for which you won't  have to apply for Guardianship any further.

2. If your wife is staying with you along with your daughter, question of seeking custody of your child does not arie now.

3. If she leaves you along with your daughter, you can file an application as per Guardians and Wards Act praying for custody of your daughter with evidence that her welfare in future lies better in your custody.

4. In the above child custody case, if filed in future, the evidence in the form of medical report/prescription etc. evidencing that your wife has psychiatric will be of great legal help to you.

Any mentally ill person who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill person 

Court will not pass any order under MHC Act, 2017 at the drop of a hat. It has to be proved that she is mentally unsound.

Yes that is the plea taken by the opposite parties. But what else can you do. This is an option you may exercise.

You may file any case against her whereas if she do not cooperate or abstains from appearing before court, then the exparte decree in your favor would not compel her to take treatment for mental illness. 

Further if you have to file a case against her stating that she is mentally ill, then the case will not be maintainable hence you may have to implead her guardian to the  case  to appear on her behalf.

Will it be practically possible, you may analyze all the factors and take a considered decision. 

-  Court can not direct her to get treatment until something happens or prove something. to prove You have to get a government doctor prescription (NIMHANS) to prove mental illness.

-  If you can not prove it then it is not that serious.

-  Mental Illness is one of trickiest ground to handle. It needs to handled very carefully. 

Dear Sir,

1) Under Mental health care act the capacity of an individual has been given protection. Unless you can prove your wife lacks capacity as givien under sec 4, she cannot be forced to undertake     board mandated treatment.

2) Under the act you will have to approach the board, to review, alter, modify or cancel the advance directive of your wife to not seek medical assistance.

3) Sir if you do not wish to divorce you can seek legal separation from your wife and guardianship/physical custody of your child. This way you will be able to live separately with your child in calm environment.

Thank you

1. You can file the petition under the mental health care act 2017 but you shall have to submit prpma facie evidence that she is suffering from mental ailment,

2. With out submitting the said prima facie evidence of her mental ailment the Court will not agree to allow your prayer.

- Under Hindu law, A mother usually gets custody of the minor child, under the age of 5 and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.

- The choice of a child above the age of 9 is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
- Since, your wife is suffering from the mental illness , then legally she is not fit to get the custody of the daughter

- Further, as your daughter age is more than 9 years , then if she is interested to live with you , then you can get her custody permanently after filing a petition for custody in the court. 

You can apply for the custody before family court if the same is not with you. On merits court will decide the same