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Rakesh (Executive)     23 April 2019

married to unsound mind

Hi All,
Last year I got married in Jharkhand,
after 2 months my wife behavior got worsen as she is behaving as mental patients and we had been treated her to psychiatrist. later on she went to her father house and being treated there.
after 8 months she come back our home as their guardian said she is fine but she was not.

so we called their family and again her brother took her their home.

She returned now after 2months
but nowadays she become very arrogant and shouting, blaming to us, her families also threaten us by saying we are giving her mental torcher.
and if we oppose their is 100% chance that they will sue us under domestic violence and even in dowry case.
please help us and provide suitable remedy to me as I want to divorce her.

doctor are not saying clearly that her disease is noncureable.


Learning

 5 Replies

Shashi Dhara   23 April 2019

File divorce petition under mental disorders 13 section of HMA

Rakesh (Executive)     23 April 2019

but doctor is not saying she is she noncureable.
even in general talking you can not guess that she is mental patients

SHIRISH PAWAR, 7738990900 (Advocate)     23 April 2019

You may stay with her if you want and if you want divorce then you have to file divorce petition. You only have to decide.

Krishna   23 April 2019

First collect the audio, video evidence of her behaviour and cruelty. Then every other option fails then as per your wish file divorce

minakshi bindhani   22 September 2021

As per your illustrated query!

At first, you need medical evidence to prove the fact, that she has been incurable of unsound mind or has been suffering continuously, or intermittently from a mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

If you don't have evidence to support the plea such plea may be dismissed, therefore to ascertain the fact you need strong medical evidence.

However, if you want to dissolve your marriage, you may take the ground of
"unsound mind" under section 13(1)(iii) of the Hindu Marriage Act, 1955


Unsound of mind as a ground of divorce has the following two requirements-

The respondent has been incurable of unsound mind.

The respondent has been suffering continuously or intermittently from a mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.


Hope it clarifies the issues!
Regards
Minakshi Bindhani

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