• Unstable mental condition of spouse leading to miserable life

Mr. A got married to Mrs A in 2002 through matrimonial site (both from two different states). After marriage and daughters birth, Mr A comes to know that wife gets attacks of psychosis. He enquired about her mental conditions before marriage from her family members but they instead blamed him and his family members for her condition. She refuses to accept that she is an mental patient and instead blame his family members for making her mental through BLACK MAGIC.Her parents also misguide her frequently not to visit Mr A's house. In 2009, she had a stillbirth and after that she had long period of mental disturbances. In 2012 she gave birth to another male child.
Now Mr A has now retired from defence service and has joined a bank in which he is been posted away from his home town. She was unwilling to settle down with kids at Mr A's home-town, and stayed to another city which is quite far from his place of working. There also now she is doing lots of nuisances like fighting with house owner on silly matters, shifting of 3 houses in span of 45 days, changing of sons school twice, lodging of FIR against house owner and school staff where she worked for 10 days and was fired due to her mis-behaviour. Mr A visits to his family once fortnightly. 
She frequently blames Mr A and his family members for making her life disturbed which she herself not able to settle down due to her nuisances, and always bullying of file FIR against his old age parents and him. His parents and family members are already facing a court case since last 15 years filed by Mr A's elder brother's Ex-wife. Mr A tried to convince her parents also take her for few days and get her treated, which felled into deaf ears. She just want make everybody dance to her tunes, whoever comes her way.
All these scenarios are making life horrible of Mr A, his daughter and his son. Now Mr A wants get separated from such character and also take his kids along with him for the sake of there care and career. What can he do in such situation?
Asked 1 year ago in Family Law from Jodhpur, Rajasthan
Religion: Muslim
1. A can file  suit for divorce on the ground mentioned above.
2. He can get physically separated from his wife and keep the children with him.
3. In that event his wife can file custody suit to get back the children. However considering her state of mind she is unlikely to meet with success.
4. In the present situation I find this to be best suited.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
1) since you are a muslim you can get divorced as per your personal law 

2) for valid divorce there must be  concrete reasons for divorce, settlement of mehr (money given by the husband before marriage), maintenance during iddat (the three months of abstinence after divorce) and return of the wife's belongings.

3) talaq should be preceded by attempts of reconciliation and pronounced in presence of witnesses 

4) talaqnama should be sent to wife by registered post and must mention reasons for divorce . 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) The custody of a minor child in Islam is called Hizanit, which literally means the care of the infant. As per the Shariat law that applies to Muslims, the father is considered to be the natural guardian of his children irrespective of sex, but the mother is entitled to the custody of her son till the age of 7 years and of her daughter till she attains puberty. Thus under the Muslim law a male would attain majority/adulthood when he reaches the age of 7 years and a female would attain majority on attaining puberty.

2)Hon’ble High Court of Delhi in Akhtar Begum vs Jamshed Munir, which held that “the personal law of the parties has to be kept in view in deciding an application for custody by virtue of the mandate of Section 6 of the Act. If a Court does not keep that in view it would be acting illegally and with material irregularity  “
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) obtain anticipatory bail in case false 498A is filed 

2) contest case on merits . your parents will easily obtain AB as they are staying separate from your wife 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. Mr.A can file for divorce on the ground of cruelty against his spouse. His spouse will be given an opportunity to contest the divorce proceedings in defence.

2. If a case for dowry is filed against the husband and his family members then all of them should seek anticipatory bail without wasting anytime so that they are not arrested.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, you have to file a petition for divorce on the ground  of cruelty so that you can take a divorce form her.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
It seems it would be a difficult situation to pull on a smooth marital life or relationship  with her anymore. She would resort to such events even if you take care of her with utmost affection and care.  She has been affected mentally for which a counselling also may not work because she might have crossed that stage too. 
Therefore  you may decide  to quit  the married   life with her immediately especially considering your child's future and career.
She may resort to criminal complaints against you, but you should be vigilant enough to obtain AB immediately once you know she  has approached police for revenge against you. 
In the divorce case itself you can seek the custody of your child or you may file  separate petition  seeking  custody  of your child.
Being a Muslim by religion, you may opt for pronouncing Talaq against her.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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