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Vikram (Owner)     24 August 2013

Can aa father of bipolar girl file for divorce on her behalf

My sister was diagnosed with Bipolar Disorder in 2004, five year's after marriage. She was under severe emotional stress after the birth of her disable son in october 2000. She did not get any kind of emotional support from In laws as well as her Husband. She is living with us since Feb 2010 and is under constant medication since then. Before coming back to us she was under medication but used to discontinue at the behest of her husband and in laws, which worsened her condition. Noe, her husband is pressurising for divorce but she is not ready and still has hopes that she will return back. We have tried to persuade her for divorce but in vein. All her istri dhan is still laying with her inlaws. The only disabled son si with her husband. Kindly suggest how to take divorce? Is there any rule that the father of such patient can file for divorce on her behalf supported by all the treatment documents?



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 5 Replies

Tajobsindia (Senior Partner )     25 August 2013

A very unfortunate brief before us;

1. I suggest (your sister’s) husband to file Divorce suit matter under "cruelty and un-curable unsound mind" grounds using S. 13 (1) (iii) HMA (assuming parties marriage falls under Hindu marriage laws) and present his evidences and well drafted pleading paras right from wife's treatment to her various Dr.'s evidences and all medical records and let they all be cross examined including himself and FIL (wife's father). Pleadings as well as witness cross examination should point to un-curability of her unsound mind resulting into cruelty to husband remember it.

2. Since a disabled minor son of parties is currently with her husband based on well plead r/w evidences and cross examination he will retain custody of minor and she may apply under S. 26 HMA for child visitation.

3. The Hon'ble Court if satisfied by her husband's side's pleadings, evidences, witness statements and cross -examination of parties followed by final arguments then may grant divorce to parties but may also grant alimony to wife as well as under S. 27 HMA grant return of her stridhan (jewelry which you say is with them is what I mean here) too.  

It seems lady’s family has come in terms to get divorce for the lady thus asking if her father can represent her?. Unfortunately only under ‘insanity or if she is a minor’ clause any other person known to her could have been allowed to represent her, but, she being major and mother of a minor child along with probably un-curable unsound mind she cannot be represented by her father initially when the case is admitted.

Hence tell her husband to hire a seasoned advocate locally who is found via reference and ask her husband to file divorce on above suggested ground (para 1).

To your question on your father filing divorce on behalf of your sister, I am sorry to say there is no such provision based on your presented brief for reason mentioned in above para. However your father can represent her under marked and exhibited PoA which may be questionable appeal ground in High Court if any hence safe way to litigate in this brief is mentioned under above paras.

Also note her husband has to prove beyond reasonable doubt your sister’s “un-curable unsound mind” to get a divorce decree and this is very / highly subjective ground totally based on her medical doctors opinion under Oath r/w cross examination her “un-curable unsound mind” and if any (other) witnesses statements r/w cross examinations based, as highest degree of proof is attributed under Hindu Law to prove this ground.

Ranee....... (NA)     25 August 2013

Tajobsindia, here the querist is the victim's sister/brother.

Read the query before you reply.

Tajobsindia (Senior Partner )     25 August 2013

Originally posted by : Ranee.......
  Tajobsindia, here the querist is the victim's sister/brother.

Read the query before you reply.
 

 

@ Utpala aka Ranee…….

Suggestion;
1.
Read the number of times “sister” mentioned in my reply.
2. Time pass elsewhere instead of commenting if you have nothing else to do.

[Last reply]

Ranee....... (NA)     25 August 2013

Originally posted by : Tajobsindia




Originally posted by : Ranee.......



 

Tajobsindia, here the querist is the victim's sister/brother.

Read the query before you reply.

 




 

@ Utpala aka Ranee…….

Suggestion;
1. Read the number of times “sister” mentioned in my reply.
2. Time pass elsewhere instead of commenting if you have nothing else to do.

[Last reply]

D. ARUN AKA  TAJOB,  if you could say this before modifying the reply..lol..

I request you to go through what you have written before clicking submit button. Because I shall go Nowhere!:P

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[Last reply]

Sandeep Naik (Advocate)     17 November 2013

I dont want to comment on the knowledge of  Tajobsindia . I have lot of sympathy for the victim and his brother. One has to respect for the feelings and wish of the victim. If she is not interested in divorce as she is hoping that still she can return back then one should give time to think over it. Dont force her as she is already in physical pain and keeping her son in the custody of her husband. She is in deep trouble and under such situation pressing her for divorce is inhuman . If her husband is pressing then it is also inhuman as he is not caring husband and god knows how he is taking care of his disabled son. Had the situation been otherwise , how would he have felt ?..As a brother/sister if it is difficult for u u to maintain or look after the victim due to unavoidable situation then let her know. U may contact me if u wish so on mobile 99670 56980 . I am practicing in Bombay High Court. With regards  


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