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Divorce on medical grounds

Page no : 2

(Guest)

When is your next hearing? Its seems that your wife's side wants to fight the case now

Rahul Arjaria (Law Student)     08 February 2012

Yes I also think so, what do you say Is my case strong enough to win the same and get my marriage annulled..??

dr.pawan rajyan (member and secretory)     08 February 2012

 

Rahul Arjaria ,your case is strong enough ,you definately won  the case.

Rahul Arjaria (Law Student)     08 February 2012

Thank you so much sir. Please do tell me if I need to take any steps or any suggestion..

jayshree (Inspector)     08 February 2012

sorry sir, but i haven't got your point.

Rahul Arjaria (Law Student)     08 February 2012

Can u pls explain what you have not got..?

Manish (a)     08 February 2012

 

@ JSDN, Jayshree, Dr Pawan, Rahul, thank you for your replies.

I have got 2 different opinions from all. 1) no option but to continue and 2) go in for MCD with maintainence.

For point 1, would say that i have tried to do that for the last 4 years. 

its very difficult to identify a mental condition for a normal person, considering it to be just change of enviornment or surrounding. in case of a newly married wife. When we failed to understand the causes of depression, we had to visit a doc. After knowing the reason, had i not been a man i could have straight away gone for a divorce, but it was my duty to be responsible man, ensuring to take care of my wife, get her to best doc and ensure her health improves. After having tried all and no improvements, i have reached a stage where i am forced to take advice at the forum.

Like dr pawan mentioned, a doctor can observe and diagnose the mental condition. Files of admission to hospital, treatment, medicines etc given is also available. 

I still havent given up hope...

For point no 2 just wanted to know, the procedure for MCD and the time period for it. Also how much is the maintainence and how is it decided, time period etc.

Chaitanya_Lawyer_Mumbai (Lawyer)     09 February 2012

In Mutual Consent Divorce,both parties have to mutually apply for divorce with their Terms & conditions in a Joint petition.

Court will give next second motion date after 6 months for second motion.

Second motion can happen between 6 to 18 months of first motion,in which both parties have to show their consent for divorce.

After second motion,divorce is granted by the court.

Kanaksinh P.Boda (Educationist/Lawyer)     09 February 2012

The presentation is very smart but, how many of experts here  sense  that Manish is manifesting  'medical ground'  just for divorce?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 February 2012

Boda ji you have hit the nail on its head.

john (CSE)     10 February 2012

Hi Manish, Please Please be very careful. I am going almost same conditions because the law  is only for female, for their protection. My wife has harassed me same way for almost 3 years only after staying 14 days she went to her brothers place first in mumbai than in delhi, she filed all the accusations that a women can put, the case was in Pune court and than she transferred the case in Delhi Supreme Court. As I have to travel every month to Delhi for case hearings my job is in danger, my mother is under deep depression, because of that she almost lost the sight of one eye, I almost lost all the money after lawyer and court case. Here my wife has put an case on me and wanted divorce, still I have been made scape goat.So please be very careful and consult a good lawyer if u have decided to divorce her.

rajat singhal (c)     24 September 2012

1)...Above JSDN -advocate DEFENSE has mentioned this ""Law will ask you to provide for her for rest of life than only you will get divorce or even  MCD.""

i would like to know whats the full form of MCD ?? and why to provide her for rest of her life ???

 

2)...Dr. Pawan Rajyan has mentioned above  "" manish if you have proof/dr.slip of diagnosis of SCHIZOPHRENIA(no matter after or before marriage,because it have almost no solution) then you can get divorce on this ground.but you have to give maintainance because a patient of  schizophernia cann't be supposed to work.regards "".

>>>medical papers are available of the female patient  under treatment for the problem Schizophrenia & Thyroid  for which she was given Sizopin, Oleang or Oleanj, Kemedin, Eltroxin, Dine and other tablets in the year May1999 to Nov03 (the period before marriage) and for the period Nov2009-May2012 medicines were.. Sizopin, Eltroxin, Arip-Mt, Sulpitac and other medicines. Medical papers are not  available with us for the period Dec2003 to Oct2009. Patient got married in APR12.

Now after reading the above statement by Dr. Rajyan ....i would like to know if some parents are searching for girl for their son unfortunately got married to girl whos a Schizophrenia patient unknowingly just because her parents hide the information regarding the schizophrenia & thyriod before marriage and even dont disclosed the same after marriage. Her parents just told that the girl is being treated in Delhi for 3 yrs for depression and is responding well to the medicines and according to the doctor she will be perfectly alright in 1 or 1-1/2 year after the marriage will took place making satisfied the boys parents. And finally got married in Apr2012. Later on somehow husband came to know by some of her relative that his wife was diagnosed schizophrenia in yr99 by the doctor and was advised for further treatment with some Phsycatrist.

Do u think any family getting it known that the girl is schizophrenia patient since 1999 and still is under treatment for the same, includes all the symptoms of schizophrenia also, should have said YES for the marriage ????

Dont u think the case is clear for divorce, without giving any maintainance amount as the girl's family hide the information and  cheated the boy and his family ?? If any Judge/Court agrees that fraud has been done with the boy's family by hiding the information still then the husband is forced to provide her wife maintainance amount after divorce as the schizophrenia patient can't work ??

Even prooved fraud, If court orders husband to give maintainance money to her wife after divorce, can any appeal be submitted against the courts order for claiming the maintainance amount paid to the divorced wife back to him ??

Can husband appeal for compensation from the court of being cheated by GIRL's parents by hiding the information ??

unfortunate victim (owner)     25 September 2012

hi manish
this is exactly same case with me.we r hindu.we got married in april 2012.after just 2 months of marriege I came to know there is some problem with my wife.The I inquired secretly I got shoked that she is patient of scrizofania from last4-5 years.this fact was kept completely secreat by she and her parents also from our socity.she stopped taking medicines after marrige.now we r living separately.then we have taken meeting with parents and some elder members of our socity then her parents agrred to give mutual divorce.but for mutual divorce it will take 1 year to file the application mean while it is dangerous to me if after 1 year she denied me to give divorece or may demand alimony.right now I heard she is somewhat normal by taking pills.but why should I suffer as I am totally cheated by them.please help me urgently.shall I file case against them?will it results early?I know the hospital where she was taking treatment.

rajat singhal (c)     10 October 2012

Sir,

its now almost 15 days i posted my query but didnt even get a single reply against the matter posted. requesting you peoples to please reply to my query as i am very much in tension thinking of my dark future with my wife.

please please please help me.....


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