Divorce and Settlement
Madhumitha
(Querist) 01 September 2017
This query is : Resolved
Sir, I got married during 2009. My in laws and husband did not mention about his medical condition of paranoid schizophrenia. He was under treatment years before our marriage and has a history of suicide attempt. Later four months after my marriage I got to know his condition when he suffered from relapses. He was given several Ect and was under heavy treatment. His symptoms was controlled due to heavy medicines. But last year 2016 january onwards he again had his relapse but it was severe. Again several ect and bulk of medicines were given to control. But his condition did not improve. One day he turned very violent and had a big knife and came towards me to attack me. But somehow i managed to control him from attacking me but got slapped many number of time inside our house premises but viewable to public. From last September i am residing with my parent. I have one five year old daughter. We both are subjected to severe mental cruelty because of his condition. So i have decided to get divorce. Kindly let me know the procedure involved and can we claim a part of ancestral property for my minor daughter as a part of settlement. Kindly reply
Ms.Usha Kapoor
(Expert) 02 September 2017
You can apply for contested divorce on the ground of cruelty or MCD with your husbands consent which is the quickest mode of divorce under section 13 B of Hindu Marriage Act. Schizophrenia which is curable is not a ground for Divorce according to the Hindu Marriage Act and The Supreme court.If you are well qualified or in gainful employment courts are reluctant to grant interim maintenance to an estranged wife.For your daughter you can claim maintenance and also settlement of a part of your husband's share of of his ancestral property as desired by you.
Madhumitha
(Querist) 02 September 2017
Thank you for replying. How long does this takes usually. Will all the maintenance and settlement be discussed and solved during divorce proceedings itself.
Ms.Usha Kapoor
(Expert) 02 September 2017
MINIMUM 3 to 5 years time for divorce proceedings would take to end.Your husband has to monthly interim maintenance to you during the course of entire divorce proceedings to you. and your son under section 24 of HMA..under section25 of HMA Permanent Alimony will have to be decided which is a lump some one time payment.
Rajendra K Goyal
(Expert) 02 September 2017
If the Husband agree, may prefer mutual consent divorce in which all issues relating to maintenance etc, can be mentioned.
If not possible, may file contested divorce which is time and cost consuming.
Dr J C Vashista
(Expert) 04 September 2017
Discuss and motivate your husband for mutually consented divorce, which is easiest, most economical and least time consuming process in comparison to contested case.
