Divorce

Querist : Anonymous (Querist) 29 December 2011 This query is : Resolved
I was married four years back. After the marriage my in laws were continually interfering in my family. My wife created lot of nuisance while staying with my parents for three months. I brought her with me in Noida and stayed there for three months. In between her parents also arrived and took her along putting false allegations against me.She refused to come back. In between we had a daughter. Her behavior was not normal. After two years she came back with her brother. i found her behaviour erratic and took her to a doctor. She was referred to a psychiatrist who diagnosed her with acute mental illness and was on medication. It was disclosed that she was suffering from this problem since her childhood which my in-laws had hidden. Her behaviour was violent at times and was completely out of her senses. I took care of her for eight months and got the medication done. Dr. was of the view that she will have to continue medication for ever as discontinuing it may bring the problem back. Once she became little better she went back to her parents and refused to come back. In between she had conspired with her brother and called police. Her mother had been also suffering from same problem which is visible from her behaviour. They had been threatening to and very adamant during all this period. Her medical problem was hidden from us and still they are not ready to acknowledge it. However I have got all the medical records. Twice she had misbehaved with the daughter also going to the extent of breaking her head which needed stitches. Kindly advice me so that I can file a divorce as they are again threatening me with legal action. There ultimate aim is to extract money from me.

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Devajyoti Barman (Expert) 29 December 2011
If there is no way for reunion then you can file suit for divorce on the ground of mental insanity and misrepresentation of facts.

Keep all the medical documents handy as it may come to your rescue at the time of taking bail in the event she wishes to fiel criminal cases.

prabhakar singh (Expert) 29 December 2011
A petition of divorce is the remedy on the ground of her insanity but what is required under law and as indicated in Section 13(1)(iii) is that a person should be "suffering from such mental disorder and to such an extent that the petitioner cannot reasonably be expected to live with the respondent". It is not the mere mental disorder in itself that entitles for relief under Section 13(1)(iii) of the Act. Mental disorder of such a degree that it is impossible to lead normal marital life or it is unreasonable to accept a person to put up with a spouse with such condition

M.Sheik Mohammed Ali (Expert) 29 December 2011
yes, i do agree expert query reply

Deepak Nair (Expert) 29 December 2011
Rightly advised by experts. nothing more to add.

Rajeev Kumar (Expert) 29 December 2011
I agree with Barman and singh views

Shonee Kapoor (Expert) 29 December 2011
Within One Year of diagnosis of a pre-existing disease you can also file for annulment as an alternate relief.

Rest I agree with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ashutosh mishra (Expert) 29 December 2011
Mr.Shonee Kapoor!
In very first line he opens with"I was married four years back."
I think you now you agree in full with views of experts.

prabhakar singh (Expert) 30 December 2011
Mr.Misra agreeing is not my requirement.

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