parthiban 12 August 2018

Matrimonial cruelty

Law experts,

My wife has schizhopherina from birth. But this information was suppressed during mariage. I have consulted physcatrist and come to know that this mental disorder cannot be cured though tablets without cooperation of the patient. ofcourse, she was not cooperating for treatment. So i have applied for divorce submitting the presciption as evidence. Her family decided to take revenge since i found her physocological issue and applied for divorce. They made her to give false dowry compliant against me and my family in nearby police station. But i have proved that fake in social welfare board enquiry and late that police complaint has been closed. I have that report also with me. So please advise me that whether i will get divorce on the ground of matrimonial cruelty and also please advise that whether i can file a defamation case against her.

She lived with me for just 15 days and its arranged marriage.

Thanks

Parthiban

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5 Replies

parthiban 12 August 2018

Thanks Shambho,

yes , she is not agreeing for giving divorce.

Anish 13 August 2018

hello

Read sec 13(3) of Hindu marriage act.
it relates to your problem, you can get divorce as wife wife has a mental disorder.

Thankyou

(Guest)

Originally posted by : parthiban
	Law experts, My wife has schizhopherina from birth. But this information was suppressed during mariage. I have consulted physcatrist and come to know that this mental disorder cannot be cured though tablets without cooperation of the patient. ofcourse, she was not cooperating for treatment. So i have applied for divorce submitting the presciption as evidence. Her family decided to take revenge since i found her physocological issue and applied for divorce. They made her to give false dowry compliant against me and my family in nearby police station. But i have proved that fake in social welfare board enquiry and late that police complaint has been closed. I have that report also with me. So please advise me that whether i will get divorce on the ground of matrimonial cruelty and also please advise that whether i can file a defamation case against her. She lived with me for just 15 days and its arranged marriage. Thanks Parthiban

It is very tough to prove mental imbalance or mental disorder in court. Easier way is to take mutual divorce. If you say your wife is mad/has schizhophrenia then onus is on you to prove it. You will not be able to prove all that, and in end afer 8-20 years court might grant divorce or might not. And again you will be left with mutual divorce option only. Hence you better take mutual divorce now itself. Arrange money and pay her and take divorce from wife.

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Shalini Aakash (Advocate) 13 August 2018

All women suffer from this disease, it is not uncommon for women to behave angrily.

You simply learn to adjust with her or make her listen to you/maker her adjust with you. if you cant do either of them better take divorce by mutual consent.

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parthiban 13 August 2018

Thank you Shalini mam, I tried my best to change her initially. I was thinking they were innocent..but later i realized it was planned execution and moreover they are fraudulent family. Thanks Again.