Divorce against mental illlness

Originally posted by : rakesh patel
	Dear Lawyers, i have files a divorce case in month of june-2013 with charges of mental illness and domestic violence. my wife has done violence with me and my son who is living with me right now. my son and me seperated from my wife since more than 2.5 years. now she don't wont divorce and me and my son cant live with her as she has partial mental illness. my sons responsibility on me. i need divorce for my son future and for me. can anyone suggest how to come out with this issue ? i have tried for better marriage life in last five years but result was zero. i need genuine help. my lawyer has asked for MCD  but no response from opposite party.i i have some audio video recording in which she is seating and laughing on sofa for more tan 3 hours. can i prove cruilty? @ queristDivorce is highly unlikely against the wish of your wife in context of limited information provided, till she can be proved to be guilty of desertion Here is a SC judgement discussing these issues in great detail https://indiankanoon.org/doc/62494/     regards ASHOK

1.on this ground of mental illness you will not get divorce , it will be better to go for her medical treatment from a renowned doctor for this disease , and live happy life . 2. you can file divorce u/s 13 , 13(i-b) of HMA on the ground of desertion .

Non-cohabitation for more than two years and incurable insanity/mental illness supported by medical certificates and other circumstantial evidences of her abnormal behavior endangering yours as well as your son's life can be a valid reason for seeking divorce from her through court of law.

I endorse the reply of Mr.Kalaiselvan..

here, her mental disability should be taken if that is of incurable and even non cohabitation between the spouses not less that 2 years will be an another ground for divorce.

 

regards,

 

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DEAR SIR

THANKS FOR REPLY . I HAVE GONE THROUGH JUDGMENT OF SUPREME COUrt. can I SHOW TO MY LAWYER IN SUPPORT OF CASE?

thank you sir... i will try to show circuimtrancial evidance

dear sir,

my wife earning 12000 rs per month and she no liability ..no responsibility. my son is with me since three years and she has left my home.. i have responsibility of my son, father , mother ... she has file a 125 for maintanance. i have evidance of her earning. can i prove that she is deserving any maintanance? my earning is 50,000 per month.