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Shailesh Kumar (Head - Mktg. & Fin.)     24 August 2012

How to seperation from wife undergoing psychiatric treatment

Dear Sir/s,

One of neighbour's son who stay at Pune is having strained relations with his wife who is also undergoing psychiatric treatment since last three years. His son is working at good position in a software company. Wife is not working. They have a minor child also aged 6 yrs. She hails from Kota, Rajasthan from a from a good business family. Their family life is ruined. Now his son is willing to go for seperation/divorce and also want to retain the minor child. What is the legal way to get seperation and retain the child also in view of the psychiatric treatment background of his wife. Can u suggest some good senior lawyer from Pimpri Chinchwad area, Pune to move ahead in this direction.

Thanks & Regards in advance for ur guidance.

Shailesh Kumar



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 6 Replies

Tajobsindia (Senior Partner )     24 August 2012

1. In my opinion legal remedy is not there to your question other than some frivolously "created" by so called "petition writer" of local Family Courts pool of petition writers.
2. If you tell us that the boy is working good and the family of girl is also good then let the medical treatment continue by either side why create a extra legal liability in case she / her side files criminal nature complaint cases and may create extra liabilities towards maintenance / residence / custody rights whatever as and when retaliation creeps all fronts opened by woman side be known that.....
3. I rarely like to touch "social cause title" in legal queries, but suppose if the reverse (medical treatment) was happening with the boy and his wife would have thought on 'dumping' lines then what would have been "social remedy"? That is what is remedy in such unfortunate queries is my view instead of approaching Law. Law has no remedy as to how to dump a medical incapacitated spouse as per available "grounds" unfortunately grounds are created by seasoned professionals and the momentary receiving end is always husband / his side be it momentarily till some “mutual settlement between both sides” happens but then the false  harassment story begins……...

However, if such medical condition was hidden before marriage and within last 1 year it was discovered by boy / his side then legal remedy under ‘fraud in marriage” exists for separation or annulment / divorce but then the query says and I quote you “XXX from last 3 years……..”

Hence see if any "social remedy" both families may like to explore to reach some internal agreements on keeping in view youthful age of either spouse. 

Roshni B.. (For justice and dignity)     26 August 2012

@shailesh kumar

 

please follow my rakhi brother tajobs india's advice.

i believe he is giving you this suggestion because he wants to refer this wife to his medescapes company where he works,since he is not a legal person.

 

btw,you seem to be the wheatish version of tajobs.

 

he he..just kidding!

Ranee....... (NA)     26 August 2012

Hi S. Kumar, what if she were your daughter?what your neighbours son were doing in last (6 yrs+10months)???

If i knew your neighbours wife , I wud surely instigate her to file a genuine 498A


(Guest)

btw roooosni bc , are u legal at all ? if not then jalti kaahe hai ???.....he he he  

raaaaaandni ......genuine 498a ?? if she were my daughter then I would not have spoiled the boys life knowing her mental problems . I would not have passed on my liabilities to the innocent boy .........and I would had been genuine with others by not listening to idiots who instigate my daughter to file so called genuine 498a ...... and may be I would have slapped such idiots ;)

Ranee....... (NA)     27 August 2012

Vyanjan ,:P

usko wife ki treatment karna chahiye ki divorce dena chahiye?mental maa ka beta bhi mental ho sakta hain..if he divorce her then he should send the son with her .


(Guest)

rona_ni .....agar pagli ke papa ne marriage ke time facts disclose nahi kiye to separation hi hona chahiye ....husband is not supposed to carry out laws burden


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