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Malar (housewife)     07 April 2015

Can a mentally ill person initiate divorce ?

Hello,

My parents are married for 32 years now. My father has been mentally ill for the past 20 years, we are treating him medically these years. We have all the medical history with us. As there are some property in my grand fathers name, in which my father has rights. Few of my relatives have brain washed him using his mental instability and asked him to do a second marriage by divorcing my mother. Can he file a divorce? My mother doesn't want this divorce. We are unsure of how to stop this. Please help.



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 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

In many jurisdictions, divorce petitioners are not required to give reasons. The fact that other party doesn't want a divorce is no bar at all.But here the case if different, UR father is mentally unstable for the past 20yrs.These 20 yrs he must have been under constant medical attention and the records too would be available.Prove that he is mentally  ill if he files a divorce petition,under the influence of UR relatives.My personal opinion is that no court can grant divorce to mentally retarted person. U need not panic.

Adv. Chandrasekhar (Advocate)     07 April 2015

He cannot get divorce on the ground that he is mentally sick.

T. Kalaiselvan, Advocate (Advocate)     11 April 2015

Gather all his medical records and challenge the divorce case on the medical grounds that he is suffering from mental ill health hence due to mental instability the case is not maintainable.  Produce the medical papers in support of your pleadings/defence.  He cannot go through divorce case.


(Guest)

A query in this context:

 

Does any court in India order for medical tests for determining mental instability of the accused by neutral doctors/psychiatrists to determine the genuineness of the allegation? Especially so, in cases where there is only allegation of mental instability, no evidence or doctor's prescripttion can be provided?

Malar (housewife)     14 April 2015

I guess in case of this, the court would be ordering for a medical test to determine the mental instability. Why not, they gather the genuineness of the allegation as per other party voice.


(Guest)

The other party is unable to gather evidence since they are not aware which doctor/psychiatrist the alleged person visits, what medications are taken. But the other party unofficially (verbally) came to know that the alleged person is suffering and undergoing medication since pre-marriage and this fact has been totally supressed during marriage. Even they have it hereditarily.

 

Any idea what type of medical test(s) the alleged party has to undergo and how are they performed? Are those tests reliable and really able to establish mental instability? Is it just a counselling session or a face-to-face discussion between doctor(s) and the alleged person? The alleged person is extremely balanced and stable while interacting with others and extremely difficult to get labeled as 'mentally unstable', unless there is some concrete determining medical tests.

Malar (housewife)     14 April 2015

Sir, in this case the affected person is my father and my mother has been treating him through a psychiatrist for the past 20 yrs and we have all the records on what treatment has been given to him. We will produce it in court. In case of question court can order for a test. I am really not sure on what test will be conducted and how it will be conducted. Hope experts can answer this question.


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