Want divorce from my sick wife.

Sad scene mate....

The psycological ailments that you've mentioned do not sound grevious???....I mean OCD is a very common thing and so is depression....If you got some past records of some of the seriousness of these ailment then it will help you getting an ANNULMENT of your marriage based of concealment of facts......

ELSE you have cruelty as a ground for DIVORCE....whatever you do keep a material record of whatever is happening as evidence.....And last but definitely not the least....Find a lawyer VIA reference....

All the best...

Regards

Chetan(dot)7679(at)gmail(dot)com

@chetan joshi,

thank u sir, for ur responce.

wat things wil be called as a Evidence?

>>i have a voice recording of my wife felling guilty about what she did, and admitting about her mental condinton. is this called some evidnce?

>> because of her father's threatning call my father got admitted in hospital due to b.p. shoot up..... will this be some material?

as you mentioned about ground of Cruelty,  what will be a strong evidence?

thank u.

Look.....

if the case is for annulment then the 'facts in issue' will be "concealment of facts".....Now anything that would make the fact in issue  probable will be relevent and  will be treated as evidence......

Similarly in a case of  divorce based on cruelty ....anything that proves cruelt will be relevant as evidence....

All of what you said are evidences....

Regards again....

I differ to opinion expressed by @ Chetan.

See you have to handle this tricky ground in matrimonial (divorce) Laws. What you have to show to Court are following inferences which are detremental to your matrimonial life and limb as we say so in Court language and get straight forward decree in divorce proceedings;  

1. Is this illness incurable?

2. You have to show how will it affect your matrimonial prospects?

3. Then you have to draw inference if a person suffering from OCD can live a normal life or not and this is a question which Court may also think just before giving divorce, like what if after divorce she becomes normal. So you have to double prepare your replies on this last toughest question to get divorce.

See non disclosure of facts relating to herself can be held as fraud committed on you for obtaining your consent for marriage. However the conditions attached to this ground for obtaining annulment of marriage are:

A. The petition for annulment should be filled within one year of disclosure/discovery of the fraud.

B. The petitioner should not have condoned the fraud means there should not be now cohabitation between couples (i.e. s*x)

C. There should not be any relationship of husband-wife after the fraud was discovered by the petitioner.

The second part of the query is, can divorce be obtained on the ground of the unfit mental condition, yes that too can be obtained provided the respondent / wife has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent/wife.

Explanation- In this clause-

i. the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;

ii. the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment;

The general rule is that the district court will not entertain the petition for divorce within first year of marriage, however in exceptional cases that too can rule relating to the time period can be condoned by the court. But time bar is not your case as you say in openning lines of your brief you have been married for 1 year.

All above are possible only if an seasoned advocate via reference is hired. 
Reasoning:
”The law generally says that some incurable disease can be a ground for divorce”. But the case should be supported by medical reports which say that the disorder or the illness is incurable in nature. There are chances that certain illnesses which are incurable today can be cured tomorrow with the help of advanced medical facilities. The judgment in a case should be passed on the present status of the case and not on its future prospects.

Hence what you need to do is to sit more with a seasoned medico-legal professional and make your Court brief to get off the matrimonial hook accordingly.

In my view it is doable !

ATB.

@tajobsindia,

thank you. 

i have asked to the doc. about that illness thats not incurable, but it can re-occur at any time in future. what does law say about it?

and what about cruelty? she and her father mentally torturing my family by threatning of police compliants. will this can be a ground for it? what wil i need to prove that?

regards.

A. I understand your follow-up question.   

B. Take printout of my above reply and discuss with any seasoned Lawyer of your choice. I did his half work for free rest pleadings he may do it for you.

Beyond above two short rejoinders, I cannot say more sensing your layman status.

[Last reply]

Originally posted by : Tajobsindia
	I differ to opinion expressed by @ Chetan. See you have to handle this tricky ground in matrimonial divorce Law. What you have to show to Court are following inferences detremental to your matrimonial life and limb as we say so in Court language and get easy divorce;

@Tajobs,

threat to matrimonial life & limb. should the threat come from wife only or from her family members also? 

In case, if wife's family members often threaten the husband to put him in jail or kill him & his family even for small argument between husband & wife, will that be considered a threat to life & limb of husband?   if Such incidents are supported by voice recording & witnesses, won't that be considered as cruelty by court??

@tajobs & other experts

Would appreciate if you could throw some light on the above query!  Thanks!