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Chaitanya krishna (Contractor)     19 December 2016

Mcd in cases of schizophrenia.

I and my wife filed for a MCD in the month of July 2015.The judge gave us a date on the February 2nd 2016 and asked us the reason for divorce.We said that we had differences due to which we were unable to live.Upon further questioning,I had to reveal that my wife was suffering from schizophrenia for the last 8 years and not willing to take medication due to the side effects.I have a daughter who is studying 10th standard and I told the judge that my wife was not cooking food and telling me to leave home and leave the matrimonial home to her along with my daughter.I constructed the house with my own hard work in 2006.I got married in March 1999.I also presented the medical reports which were asked for.The judge sent my wfe to the psychiatrista nd the diagnosis was confirmed.My wife repeatedly stops medications due to the side effects,because of which we have constant arguements due to her schizophrenia.After three rounds of counselling the judge told my wife to take meds and dismissed the case keeping the future of my daughter in mind.My wife keeps cribbing about the medicines and it has become literally impossible for me and my daughter to live with her.The judge said that it is great that i have been living for the past eight years with that suffering.I made it clear that I am unable to take this stress anymore and that her illness is affecting my career,health and the peace at home.Now that the MCD is dismissed,what are my options.please inform


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 12 Replies

Kumar Doab (FIN)     19 December 2016

Based on your replies the Prsiding Officer Constructed opinion that wife is not of : 'ncurably of unsound mind and can be cured with proper medication and disorder is not to  such an extent that the petitioner cannot reasonably by expected to live with the respondent.

 

whatnot   19 December 2016

Seek Judicial separation. But you may slapped with maintainance case.

Stay separate and repply for contested divorce. But how will you manage her accomadation for next one year?

Wait till your daughter completes 10th standard. Send her off to some boarding college or to another city where you have a relative. Let her study there. Lock the house and stay incommincado for few months. Come back and talk to wife and see what next steps to be taken.

As ever you are married for life. By law you will have to pay the penance.

It is vicious and has no way to escape.

mY SYMPATHY WITH YOU.

 

 

Kumar Doab (FIN)     19 December 2016

Probably this time your case was not properly prepared.


(Guest)
Originally posted by : venkata raghuram veeramallu
I and my wife filed for a MCD in the month of July 2015.The judge gave us a date on the February 2nd 2016 and asked us the reason for divorce.We said that we had differences due to which we were unable to live.Upon further questioning,I had to reveal that my wife was suffering from schizophrenia for the last 8 years and not willing to take medication due to the side effects.I have a daughter who is studying 10th standard and I told the judge that my wife was not cooking food and telling me to leave home and leave the matrimonial home to her along with my daughter.I constructed the house with my own hard work in 2006.I got married in March 1999.I also presented the medical reports which were asked for.The judge sent my wfe to the psychiatrista nd the diagnosis was confirmed.My wife repeatedly stops medications due to the side effects,because of which we have constant arguements due to her schizophrenia.After three rounds of counselling the judge told my wife to take meds and dismissed the case keeping the future of my daughter in mind.My wife keeps cribbing about the medicines and it has become literally impossible for me and my daughter to live with her.The judge said that it is great that i have been living for the past eight years with that suffering.I made it clear that I am unable to take this stress anymore and that her illness is affecting my career,health and the peace at home.Now that the MCD is dismissed,what are my options.please inform

You mail me your papers, so that I can advice you best way forward,

Chaitanya krishna (Contractor)     21 December 2016

Dear sir,

                I have arranged an apartment for my wife long before the case came to hearing in the family court,in visakhapatnam.She hired a lawyer after stopping the medicines for almost 18 months.I pleaded and persuaded her to take medicines to which she refused.After seeing that she was not willing to take medicines,I took her to the government hospital for mental care in Visakhapatnam where the doctors said that she is not in such a bad state requiring hospitalisation.She will do well if she take her medication.I told her lawyer the same.But she wanted divorce.I arranged a new flat for her.She shifted her luggage to the apartment but physically did not occupy the flat.She continued to stay with me and my daughter through the entire court proceedings.Initially she refused to take the medicines but the judge did not agree.So she started to comply with the court but has developed bitterness towards me as I had revealed the fact of her mental condition in court.She has taken it very personally and continues to nag me everyday to have told about her illness in court and it is like being harassed for getting her treated.Her parents have told about their helplessness.Her mother died a couple of years ago.The flat is still unoccupied with her luggage still there.On the last day of hearing,13th November,she gave it in writing to the judge that she would be disciplined and take medicines and good care of me and my daughter but that did not last even one month.The refusal to take medicines has started again.I told her to shift to the flat and do hwat she likes but she refuses to go there and continues to stay with me and my daughter,saying that she can't go as she is afraid to live alone.It has been hell all through the last eight years with no respite.So many experienced lawyers,Can anybody help.Can a MCD petition be forwarded again in the same court or not.Is there any limit on how many times one can forward a MCD in a sessions court in general.Please advice.My wife has with her all her possessions that her parents have given at the time of marriage.Her family is hurt that she has been diagnosed as a schizophrenic after 9 years of marriage but there is nothing I can do about it as I am not responsible for her illness.As a husband I can only try to help her get treatment.She is a diabetic too.I am going through a lot of emotions such as fear,anger and sense of injustice to me and my daughter but clearly I don't see any way forward.Please advice.

 

Chaitanya krishna (Contractor)     21 December 2016

Dear sir,

what you said is true.It is not that she is of unsound mind presently.But if she doesn't take medicines,her perception of husband is completely inaccurate.She misunderstands me totally and the atmosphere of the house is very much frightening to live with her.How can I make someone to take medicines forcefully.She closes her mouth,locks herself up in a room,complains about me to her brother and father and has made life impossible to live at home.I am a dental practitioner.Note that I too have a clinic where I have to work for fulfilling my basic necessities along with my marital obligations.I have not deserted my wife.I said to the court that I am unable to handle the stress anymore.I would like to know that will I be asked to leave the house if i apply for judicial seperation.Why because my wife is insisting on staying in the house mentioning that it is close to the market and so on.Actually,I have already provided her a flat to which she has shifted her luggage and she is continuing to stay with me.Now she wants me to go away from my own constructed house.My house is very close to the clinic where i am practising.Just walking distance of two hundred metres.I can't afford to travel all the way to work when I have to make myself available to my patients round the clock.This is the most ideal place for me to live.How can I leave the house?


(Guest)
Originally posted by : venkata raghuram veeramallu
I and my wife filed for a MCD in the month of July 2015.The judge gave us a date on the February 2nd 2016 and asked us the reason for divorce.We said that we had differences due to which we were unable to live.Upon further questioning,I had to reveal that my wife was suffering from schizophrenia for the last 8 years and not willing to take medication due to the side effects.I have a daughter who is studying 10th standard and I told the judge that my wife was not cooking food and telling me to leave home and leave the matrimonial home to her along with my daughter.I constructed the house with my own hard work in 2006.I got married in March 1999.I also presented the medical reports which were asked for.The judge sent my wfe to the psychiatrista nd the diagnosis was confirmed.My wife repeatedly stops medications due to the side effects,because of which we have constant arguements due to her schizophrenia.After three rounds of counselling the judge told my wife to take meds and dismissed the case keeping the future of my daughter in mind.My wife keeps cribbing about the medicines and it has become literally impossible for me and my daughter to live with her.The judge said that it is great that i have been living for the past eight years with that suffering.I made it clear that I am unable to take this stress anymore and that her illness is affecting my career,health and the peace at home.Now that the MCD is dismissed,what are my options.please inform

Let me explain to you concept of marriage.  Once you get married, she is always right and you are not.  STay that way and it will save everyone involved.

Adjustment is marriage and you have to do it lifelong, and there is no other remedy.

Only remedy is divorce, that too you have to do it in time.  When it itches you have to scratch. 

In your case you have left it without scratching for 8 years, that is very long time.  Now you will have to just wear gloves and avoid getting damaged because of scratching.  The itching will be there lifelong.

This court also has understood.  Now you dont have any other option.  All options are over.  You cant even approach the court again with divorce petition.  You should have gone for divorce within 2 years of marriage, taken MCD and let her go.

I dont pity you, rather I pity her, with such physical diabiliites she still wants to continue with a person like you.  What a shame.

I suggest you, take care of your wife with love and affection, medicines are of 2% help only, rest good will be done with love and affection.  All the best.

whatnot   21 December 2016

In concise, judge seems to have taken a humane approach and expects support to be extended to your wife.

Record her lack of medication act and resubmit document.

 

At this rate whole family will go mad if divorce happens.

 

Blaming her totally would also be inaccurate. Get a help of medical nurse and provide her care.

 

Save the child. Rest can be dealt during course of time.

TrkpeTrk   21 December 2016

Schizophrenia Medications have a lot of side effects..Weight gain diabetes etc. Dont rely completely on meds. Take her to therapist and try CBT (Cognitive behavioral therapy) It might improve her condition. Not taking meds is a common case with a lot of Schizophrenics. What are her symptoms ? Does she see or hear things ? If her behavior is dangerous to her or your and your kids life then you may have her admitted .

Kumar Doab (FIN)     21 December 2016

Get her treated with care with compassion: keep record ;is the demand of situation now.

Chaitanya krishna (Contractor)     21 December 2016

Thank you so much for your valuable insight on marriage.She was not schizophrenic when we got married.I got married 18 years ago.She developed the illness 8 years ago.Also,I was not the person who pestered for divorce.She didn't want medicines due to side effects such as delayed menses,constipation,tremors,drowsiness and host of so many problems which I have been trying to deal with along with the psychiatrist for the last 8 years.I am not the one to make  a diagnosis about schizophrenia.What do I know about mental illness.If I take the position that she is right and I am not,then the first thing to happen is that she will stop taking medicines.Think about that.I and my daughter have faced that music over the last eight years.If not for my sake,she can cooperate as she is not completely insane to forget her responsibility towards her daughter's future.I have taken on the responsibility of the house and helped her with all household duties due to her illness.If I am married I can help my wife,I can adjust,but she is not the only responsibility for me.She made it clear to the judge that she is unable to bear the side effects of the meds.I told that we can talk about it to the psychiatrist.That's all anyone can do.Love and affection alone cannot control schizophrenia.Thanks for labelling me

Kumar Doab (FIN)     21 December 2016

So talk to the Psychiatrist and get proper notes in medical records.

 

 

 

 


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