Living seperate for 6 years want divorce
Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
Dear All,
I am writing in a hope to get your opinion/advice on what should I do.
In the year 2006 I got married and withing 10-15 days of wedding realized that my wife’s behavior is somewhat not normal , kind of mental disturbance/disorder. Examples are –If you are talking to her she will gaze at some other place and would not pay any attention , she will say I will go to market to buy milk even when plenty of milk at home and she does not know where the mkt is , on every second thing she used to say “Hamey laga humne kiya tha ,kar diya tha”,she used to put her used glass with clean ones when ask used to say Humye laga humey saaf kar diya tha, she misbehaved also with me and my family members ...etc etc....
Then came as a shock that she is having TB and is on medicines .It was not disclosed to us before wedding. Even her brother lied about her education and also did not disclose that she wear lenses . I ignored that .When I enquired about TB she did not give any satisfactory answers or could not even tell me which TB it is.
Even then I thought TB would be okay with medicines but I could not digest her abnormal behavior . Within a month I called her brothers and enquired about her TB and abnormal behavior and asked them to take her back to Lucknow and send all old records of TB and to do all tests fresh .
They did not send the reports or details of TB rather after one month declared that she is pregnant .I asked them to terminate this pregnancy as with TB treatment I never wanted to take a even 1% risk with kid.Her brother refused for that, his brother replied she is too old and may be this abortion would create problem in future pregnancy . I told them that would be my problem and asked them to leave the girl at Delhi ,he didn’t .
They said bad rest hai for 2 months and kept mum and kept her there .After 4 months they wanted to leave the girl.I asked about her mental problem but they are not ready to accept that she has any. Time passed she gave birth to a baby child in Dec 2006 at her mayaka .
Now its almost 5 years .She lives in Lucknow only . In between 3-4 times we called her brothers to talk and sort out the matter but they are not ready to accept that the girl has any mental problem .Rather inspite of fact that they lied so many things at the time of wedding they show us attitude .
In these 5 years 2wice they came alongwith the girl and quielty leaving her here without any discussions on the matters which we objected and asked them
to give us in writing and guarantee that girl has no mental problem and there wont be any abnormal behavior /misbehaviour from her .They did not agree to do so ..and we refused to keep her in absence of any written agreement .
Now its almost 5 and half years that we are living seperately and I wanted to settle it mutually as I cannot live with her I called her brothers for this …they became adamant and told me divorce le saktey ho to le ker dhikhaoo….
Pls tell me what should I do …I want to get rid of this relationship …….what should I do…I live with her only for 1 month and now for past 5 years living in a trauma , making my life hell……
How to file a divorce case ,I do not have any reports/proofs to prove her abnormal behavior or test to proof that she has mental disorder…They will not give me divorce .....
Pls need your valuable advice. Thanks for your time…
Regards
ajay sethi
(Expert) 22 August 2011
you can apply for divorce under section 13 of hindu maariage act on grounds that your wife is suffering from mental disorder .
The court believes that the disorder should be of such a degree that it is becomes difficult to live with the person. Prognosis of the disorder, ie, whether it is curable and controllable or not is another important aspect that is often considered by the law.
In cases of this nature, the opinion of a medical expert is always sought. Where mental condition of a spouse is the controversial issue, the Court has the authority to issue a direction for medical examination. The Court also looks at other circumstances before passing any judgment. If the individual has been cured of a previous illness or does not suffer from a mental disorder, which can be harmful for the person or others, the Court usually favors the weaker party.
Querist :
Anonymous
(Querist) 26 August 2011
Thanks Mr Ajay . I know it will be difficult to prove her mental illness.
One more thing - If cancealment of her TB at the time of wedding and misrepresentation about education could be added as grounds
for divorce?
ajay sethi
(Expert) 26 August 2011
well she had TB but TB is curable na . true she has concealed about her TB but she must be cured now .
what do doctors say baout her mental illness ?
you have 5 years old daughter . for her sake at least reconcile . why should daughter be dperived of her father?
girish shringi
(Expert) 26 August 2011
Not disturb your life for more.You have suffered a lot you can apply for the divorce and prove the facts.Any neutral agency's doctor will prove your doubt i.e.one and the other prepare other evidences also.
For further queries can contact:girishshringi@gmail.com
