1) you cannot force your wife to undergo medical treatment
2)you can file forc divorce on grounds of mental cruelty and seek custody of your children
3) you will have to pay maintenance for your wife
Wish to treat my wife who is identified with personality disorder
Sir, I am married for 6 years and having two kids with age of 4(son) and age of 2.5 (daughter). I am a business person aged 44 years and wife is 37. Since the marriage, my wife was eccentric in behaviour and do the following. Looking for a legal support either to treat her to live a peaceful life or get a divorce without letting my kids to live with her. * Make too small issues larger and stick on with rage and punishing self and others. * No compromising attempts to settle issues from her side * Beat children, scold them to cry and do not console them * Shut doors heavily and lock from inside keeping me or children outside * Throw things like iron box, utensils etc.and Tear dresses * Cut the hand by herself to bleed and threaten to suicide * Frequent suicide threat saying i will die even with children * Wasting things, dresses and equipments without care and ask for buy new one * Purchase unnecessary things and waste it * Do not stick on her words. * Go out of home with kids without informing me or anyone * Her mother and elder sister(who also ruined her husband and the family) advise her wrongly and tell her to come back their home * Says lies about me and defame among the relatives and neighbours * Making issues at my office and say abusives to female staffs. * Take elder kid in between his school time and detained in her house without sending school for more than week * Always talk in a superior voice and commanding style as things should happen on her intention * Talk harsh and abusive words to mother and in laws. Have consulted with many counsellors and psychiatrists during this six years. Around 2 years back while consulting with a psychiatrist doctor, she was instructed to take medicine and in two months of medication, she was behaving decently. But through the advise of some wrong hands she stopped medicine and discontinued the counselling or see doctor. My first priority is to get her a treatment through court order(as i could not find any other solution by getting support of her illmannered mother and sisters) so as to make a better family for my kids. If it is not possible, get a divorce from her without maintenance and children in my protection. (as she is not capable to grow children in proper direction) I strongly believe that, i will get the support of law to continue a normal life. Thank you for extending the help
Asked 7 years ago in Family Law
Religion: Christian
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5 Answers
Dear Querist
You may file a divorce case against her before family court based on cruelty and when she appear before the court then approach to court for her treatment and willing to live with her if she follow the complete treatment and restrain herself from her family till the completion of treatment.
The court have power to passed an order for the same and the children custody will be with you if it is proved that she is suffering from mental disorder.
Feel free to call
1. The court will not order any treatment on her without her consent as she is not a person of unsound mind.
2. You are free to apply for dissolution of marriage as the acts of your spouse constitute mental cruelty on her part.
3. You may not be able to avoid paying maintenance to her as even a cruel wife is entitled to get maintenance from her spouse.
4. To get your children you are required to file a petition for child custody in the court. Since the paramount consideration in a child custody case is welfare of child you stand a fair chance to get their custody.
My first priority is to get her a treatment through court order(as i could not find any other solution by getting support of her illmannered mother and sisters) so as to make a better family for my kids.
There is no provision in law to get a court order for getting her treatment against her will.
You can file a divorce petition on the grounds of cruelty and her ill mannered behavior.
If it is not possible, get a divorce from her without maintenance and children in my protection. (as she is not capable to grow children in proper direction)
This is possible especially when you satisfy the court with substantial proofs depicting her mental health and her behavioral attitude
I strongly believe that, i will get the support of law to continue a normal life.
Dont lose your hopes, try till you succeed.
1. It is within your right and duty to treat your wife for which you need no permission from the court or her mother.
2. tactfully get her back to your house and get her admitted to a psychiatric clinic for a complete treatment.
3. After completing all your efforts to treat your wife to normalcy you can think of filing a divorce suit if you fail to treat your wife and get her cured..
