Need help for divorce

Sir

You may file for divorce on the ground of unsoundness of mind u/Section 13((1)(iii) Hindu Marriage Act. Consecutively you may file a parallel criminal miscellaneous petition against your in-laws before the High Court for fraud u/Section 420 IPC, as they failed to disclose the fact that their daughter had a psychiatric disorder.

Even if your in-laws claim that their daughter is fully recovered, based on her past conduct, it would be very unwise to take back your wife. If she tries to enter, it is for you to judge whether to allow her in. Please understand that no one can file a police case against you for not allowing your wife to enter the house, as you have legitimate grounds for denying her entry. Of course, you cannot file a case against your wife, as she does not have the capacity to understand the charges against her in court. But you may elect to file criminal charges against her parents before the appropriate Court.

Also file a civil recovery suit against her parents to get back any money/stridhan you may have spent at time of marriage. It may not work, but its at least a shot in the dark.

For further queries, you may mail me at basu_kunal@hotmail.com

Best

Thanks for your help. My father  lodged NC complaint against her in police station near to her parental home and we have copy of the same. If she tries to enter our home and we deny her entry then surely she will go to police to seek help. In such scenario will police help her or not ?.If we show NC copy to police station what will police do in such situations?

Also   For filing divorce on the ground of unsoundness of mind u/Section 13((1)(iii) Hindu Marriage Act  I guess I need to present documents of her treatment in court. Once I asked her psychatrist to provide me her treatment details on paper but he denied saying I should bring her with me. She denied to come with me to that psychatrist and her parents also denied to share any document with us till date. In such case will court admit my case and ask psychatrist to come as witness. Please suggest me what should i do in such case. 

Sir

Even if she goes to police for help, as it is a non-cognizable case, the police can not arrest u unless valid legal grounds have been specifically demurred by your wife. U have already mentioned that a prior NC was filed with your local thana. Use that in support of ur reluctance should cops ask why u don’t want to take ur wife back or attempt to force u to reach a compromise. U could also mention that her prior unsoundness of mind had adversely affected u before, that’s why ur unwilling to take her back for fear of imminent  threat to ur life....

Regards psychiatrist testifying in court, Indian laws permit summoning of experts to answer relevant facts supporting their testimonies. Even though law protects doctor-patient communication, yet the Court may issue summons to doctors to testify through audio-video methods, if it feels that it is required for justice’s sake.

It is advisable that, in addition to filing a divorce petition on grounds of mental incapacity, u also file a concise supplementary/miscellaneous criminal application mentioning importance of the doctor’s testimony. Specifically mention that access to your wife’s med. records is urgently required to prove evidence of her intemperate behavior. 

If there is anything else I can dig up, I will let u know Sir..in the meantime, please feel free to contact me on my e-mail ID..I will be more than happy to advise u

Regards

Madam, Marriage works on trust. It is not wise to trust such people who have hidden the facts and still hiding facts. We had asked them to share treatment details on paper but they are denying. How can you trust such people just going by their words. Since i came to know a fact that she has disorder and it was hidden before marriage I cant trust them blindly.

Trust and Love are necessary in married life.   But these are undefinable and are no grounds for divorce.

The illness of your wife is a ground for divorce.     But she has recovered.       I don't think you'll get divorce.       Receive her and make sure she's all right.

My opinion is no ground should be necessary for divorce.      Divorce should be easier than triple talaq.      Triple talaq needn't be repealed but be extended to muslim women.

Staying together without love and trust is hell.      But there're so many problems in divorce.     

Therefore Einstein said, " Marriage was invented by an unimaginative pig."       Primitive people knew of no marriages.      There were no suicides.       Why to marry and welcome suicides?        I can't say the habits of primitive people are good.    I can't say bad either.

Socrtes disapproved marriages.     He suggested children should be taken care of by the State.

I know many people who said, " People won't let us live if we don't marry."     Yes.     They're right.       Why people are so?       They suffered.    All men should suffer.      Let all suffer.    No matter.     Let none be happy.

The Hon'ble Members may feel I strayed.    I have not stuck to law.      Yes.    Correct.

But lawyersclubindia doesn't reject advices, suggestions and opinions.      Nor does it reject academic and ananymous queries.

Contested divorce under section 13(1)(iii) Hindu Marriage Act,1955  on the ground of the wife suffering from incurable unsound mind or has been suffering continuously or intermittently from mental disorder may not succeed so easily as you think or is being advised. The Family Court even in extreme cases try to work out for divorce by mutual consent rather encouraging the parties for contested divorce. So the best advice is that you work out divorce by mutual consent with her directly or through Mediation and Conciliation Network with help of Mediator.

The contested divorce will take you 6-8 years to decide with no guarantee you'll get divorce and divorce by mutual consent will be over in 6 months. Filling all sort of criminal cases of cheating etc. is another foolishness, don't go in for that, litigation takes a person nowhere but filling pocket of lawyers

Sir, I have collected Audio recordings of her relatives and her Family Doctor as well where in they admit that she was suffering from mental disorder before marriage. I had engaged a counseller for mediation in this case. When couseller had a conversation with her mother her mother admitted that her daughter was having mental disorder and it was present before marriage. She almost admitted in that conversation that such fact was hidden from our family. During mediation her parents agreed for mutual consent divorce ( I have audio proof of their statements) . However they told us that give us some more time and let us give our daughter further treatment. However after 2-3 months they are saying that she wants to live with you. Now they are trying to convice me to accept her but I am not ready to live with her. She also sent me a paper note through her parents and she has written that she wants to live with me. I have not replied to her and I denied their requests of accepting her. I am going to file a divorce now. I would like to know If I file divorce then can she file false DV and cruelty cases on me? If she claims for right to residnece order then what are chances that she will get it from court. ( I am staying in my father's house and my father already lodged NC complaints against her) 

Since the fact of her mental illness was hidden from you at the time of marriage, you can file for declaring the marriage null and void on the ground of fraud/ misrepresentation. However if it is Divorce you keen on filing, i agree with Mr Mahajan that dissolution of marriage on the ground of mental illness will not be easy. You can always take umbrage under the ground of cruelty which is vast and undefined.  However, i would advise you to initiate whatever proceedings you finally chose to at the earliest.  The Police will not intervene in the matter if you hasve filed proceedings in Court. 

As far as restraining her entry is concerned, you can pray for Injunction from the Court in your Petition. 

Yes she can file false cases against you.  The Court may direct you to provide her with another accomodation, pay her maintenance etc. 

Thanks for your advice Madam,

In practical scenario before filing divorce I have to engage an advocate and he will send a legal notice  to her as per standard practice . After receiving notice it can happen that she might immediately come to my home with her bag and say that i want to stay with u. If I deny entry to her at my home she will surely go to police / Women cell for filing a complaint against me. What will women cell do in such case. What may happen If police / women cell try convincing me to take her and still I refuse to take her citing a reason of her past incidents along with proof. Can she use denial of her entry as a point for filing a DV case against me and my parents. Please advice.

 

No one can coerce any couple into living together.      First judicial separation for two years.    Next Divorce.     Maintenance can't be avoided unless she's financially independent.

Thanks for your inputs sir.

However my question is based on practical situation which can occur and i would like to know what will be implications on me If i deny her entry. Judicial seperation and other part will come into picute later. I do not have trust on her and her parents because I have sufficient information about her mental unsoundness from various sources that is the reason I want divorce.

You have to allot a portion in your house for her to live in.       One portion needn't have access to the other portion.     Or, if she has no objection, you can provide her with a separate house.      Criminal action can't be taken against you and the police won't interfere if you offer accommodation.    I request other members to comment on this Reply.

Thanks for your inputs sir,

If criminal action cant be taken against me in such case then I would not allow her entry because If she comes and stay even for 1 day then high chances are there that she can generate evidence to put false case on me and my parents as her lawyer and parents will surely advice her to do so. Already we have filed complaint against her she will surely be advised by her lawyer to take revenge of this. I can tell this to police that she might create false case against me and my family if she stays at my home. I dont have any alternate accomodation at this moment.

 

 

Originally posted by : Network Jack
	Thanks for your advice Madam, In practical scenario before filing divorce I have to engage an advocate and he will send a legal notice  to her as per standard practice . After receiving notice it can happen that she might immediately come to my home with her bag and say that i want to stay with u. If I deny entry to her at my home she will surely go to police / Women cell for filing a complaint against me. What will women cell do in such case. What may happen If police / women cell try convincing me to take her and still I refuse to take her citing a reason of her past incidents along with proof. Can she use denial of her entry as a point for filing a DV case against me and my parents. Please advice.

Given the scenario and your fear, you need not send a Legal Notice and can directly file a case. 

As far as Women Cell are concerned, they cant do anything except try to resolve the issue.  Most of the Police Stations too do not want to get involved in husband and wife disputes. More so if a case is already pending in the Court.