Can i get divorce based on mental illness


Hi All,

I've married on June 2016 in my hometown and the marriage expense was beared by my side. After 1 month of my marriage I got an opportunity to work in UK from my office. During that time my spouse doesn't have passport,so i didn't bring her that time. But, After 2 months I've arranged passport and visa for her. In UK we were lived 20 days without any issues and then One weekend we went to one of my friend home. There we spent 30 minutes and then returned to my home in UK. After return from there my spouse told me , my friend is handicap and his wife is not living with him peacefully, so arrange divorce for them. I was shocked to hear this as he's good handsome guy, he don't have any problems physically and he's living with his spouse happily. 

I asked my spouse , how can you say she's not living with him happily. She replied like, from her eyes she's found she's unhappy. This also creates lot of doubts from me that time. Then she keep on saying the same thing (get divorce for them). I told this to her parents and they tried to compromise her.But it didn't work out. Then I told her if you keep on say this thing, then you will get divorce from men and went to office. After reached in office, my friend asked me like any problem between me and my spouse. I said none. But, he told me my spouse called him 10 times from morning onwards and she told him like, If you want your wife to be happy better give divorce to her. He was shocked why she was saying that. When I speak with him, my spouse called him again and she was saying the samething. So, I went to home to avoid any further issues.

In house she tried to call him again. But I stopped her somewhat. Then she was saying that , I will give her to my friend even she's not like him. I don't know why she said like that. I tried to compromise her. But she's not believed. She behaved like mad and tried to commit suicide 5 times on that day and all the time I've saved her somewhat. I told her parents nothing worked out. So, I told her like " I'll get divorce for them". Then she told me to come to police station to inform about this issue. I told her like "not now, if situation comes we will go there". To avoid any problem that day i didn't sleep and watched her whole night.

On next day, she told me she want divorce from me and she wants to marry someone from UK, I didn't know why she was behaving like that and I told this to her parents and they didn't take it as seriously. Then she told me like, from her childhood onwards she has someone from her mind and before marriage she didn't meet that guy(Imaginary). But after marriage in chennai visa office she saw that dream guy. From that day onwards she thought to live with him only. Also, she married because her brother marriage will be happen only after her marriage and she told me like I spoiled your life. so, give divorce and marry someone. I understood that time she has some mental issues. I told this to her brother , he said she had problem like multiple personaliy and I told him why you guys didn't inform me before marriage. They told me like we thought it will be cured after marriage. I was fooled by them. I didn't had good sleep for 10 days to avoid any problems because she often woke up from bed and walk herself. We went to UK doctor to ask what can be done. I told to doctor like "She was disturbed by someting. so please do something". But, my spouse told the dream boy and other stuffs to doctor. Doctor gave some advice but she didn't accept her. She was crying on the road and returned to home. After reaching home she tried again for suicide. I thought it will be risky if she's here. So, I booked the flight on the next morning and landed to chennai on after 1 day.


I told this problem to my family and they also came to my spouse home.There she shouted in front of my family and she told to them like "I want divorce and I won't live with him . If i live with him I'll die and I married for my brother and my parents compelled due to these reasons only i married like that.
Then her parents was saying that she has mental issues before marriage , we hided it because of the marriage and the doctor told us to conduct the marriage after the treatment but they did the marriage before she was completely cured and we left from her home. That day I didn't decide anything whether to give divorce or not. I took sometime to think about it. When I was in my home she asked me whether you applied divorce or not. I told her first take care of yourself and then we will decide on this like that. After 10 days I went to UK to continue my work. Everyday I think about this issue, whether I can give divorce or not. Also, I didn't speak to her often. One day she called me and she was saying that  because of me only she behaved like that and because of our neighbour only i did like this. within 1 minute she's often changed her reasons and her mother was frieghten me to give money because our marriage was registered. After that I never spoke to her and her family>. I decided that day I won't live with her. They have cheated me for their mad girl and now they are threaten me for money based on marriage registration. Also, Its very difficult to live with such issue girl and it will be  very difficult to carry on entire life. 


I returned to India on march 2017 after my work finished in UK. Then to solve this issue peacefully both of our family members had discussion. But this time my spouse wants to live with me. I told whatever has happened in UK to our family members , but she was sleeping that time in the room. She didn't say a single word the thing which has happened in UK. All she was saying that give me 1 month of time and I'll not cause any issues like that. But I told them I don't want to take any risk. So, I wont live with you. Her brother was shouting and used bad words against me and my family. Then they went to police station and gave false complaint like me and my parents were torturing her to give more dowry and I often beat her after I drunk like that. But truly I don't have habit of drinking and smoking. She knew that. Then police investigated about this issue and I told them whatever has happed in UK. Then I've written the statement like I'll take care of this matter in court and My spouse family written like they will complain in chennai police station.

Then I filed divorce case in Dindgul court against her. She and her family filed domestic violence and RCR case  against me and my parents in Chennai court. Whatever she mentioned in that case is absolutely false. Her family know this. My divorce case hearing was happened on 23rd August in Dindgul court . But that day judge was on casual leave and nothing has happened, so they postponed next hearing on 21st september. In court she was trying to speak to me.But I was reluctant to speak to her. After that they filed CMP in Madurai high court to transfer this divorce case to Chennai branch and coupled with DVC case. 
Here, my question is that, Is that possible to not make the transfer in chennai court and any advantage/disadvantage for me if the case is transferred to chennai.  Based on the above statement  can i get divorce? I have one recording which she spoke about the dream guy,divorce  and her written statement about the guy. Can I give these two as evidences? will it be acceptable? Also, In her police complaint she mentioned I won't drink. But, In DVC she mentioned I'll drink. It makes contradiction. Hence, Can we point this to my DVC hearing? If I prove this drinking issue can I win DVC case? If I show all the evidences on my first DVC hearing itself can I win this DVC case and divorce case easily? Please clariy my points and looking for your inputs. Thanks!.

 

Note: I took this decision to both of our good will. From my point of view I have only sympathy not love to her, after these things happened. Also, in life we can adjust something but adjustment itself life means that will be difficult and every time I go out I can't be normal because what would be happen if she do the samething again and also I cant't take her always with me in these situations. If I live with her definitely  we won't be happy. Every day things which has happened in UK coming on my way. If she understood my situation it will be good for both of us otherwise I don't know. God only will knows...

 

Thanks & Regards,

T. Anand

 
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Advocate

Prove your innocence in both DV case and your case in divorce case. Oppose the transfer case filed by her. Mere small contradiction would not entitle you to any relief but you can take advantage of these contradictions to your favour. Sidharth 9811776422
 
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Advocate

Get appropriate step and get her medically checked to prove that she was suffering prior to marriage and this fact was concealed at the time of marriage. On her mental ailments you can get divorce . The
 
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Director

Originally posted by : Anand


Here, my question is that, Is that possible to not make the transfer in chennai court and any advantage/disadvantage for me if the case is transferred to chennai.  

Legally, there is a provision for transfer.  You can, however, oppose the same on the ground that you are working and that it would be difficult for you to travel or even that her family is very well-connected and powerful etc.  Alternatively, you can offer to pay her boarding and lodging if the matter continues in the same Court. Or as per the recent SC guideline, the judge may transfer the matter and ask you to appear through video-conferencing.  As such, no harm or prejudice will be caused to you even if matter is transferred.  

Based on the above statement  can i get divorce? I have one recording which she spoke about the dream guy,divorce  and her written statement about the guy. Can I give these two as evidences? will it be acceptable?

Yes, you can give it in evidence.  See, if your colleague is willing to step in as a witness for you. You can also use the UK Doctor's prescriptttion if you still have it. 

Also, In her police complaint she mentioned I won't drink. But, In DVC she mentioned I'll drink. It makes contradiction. Hence, Can we point this to my DVC hearing? If I prove this drinking issue can I win DVC case? If I show all the evidences on my first DVC hearing itself can I win this DVC case and divorce case easily?

Whether the same will get you acquitted in the DV case or not, no one can comment on the same. However, you can definately point out the same. Let your lawyer advise you on what document to use when. If you get acquitted in the DV case, you can always use her falling false case as another ground of cruelty against you. 


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