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Hitesh (MD)     09 March 2015

Paranoid schizophrenic wife

Dear Sir,

 

I got married in May 2009. We have a daughter. Our marriage was very stressful from the beginning with all the efforts to make it work but it did not.  due to the following points

1.       My wife would call her mom more than 20 times a day and would ask her if she should do what is told to her even cooking food.

2.       She does not like anyone from our family not even children.

3.       She was diagnosed for Paranoid Schizophrenia by Nimhans, Bangalore in 2014 after getting her various treatments for 3 years, and started treatment but no improvement yet. 

4.       I was lied about her Date of Birth and recently I found she is 5 years elder to me.

SH She has no proof of identification, educational certificates, no friends from school or college nor remembers their name, not even her year of passing from college or school. 

5.       She mentally tortures me, my daughter and my family

6.       She would not do her own household works or even take care of our daughter, Im doing everything for my child from brushing her teeth, giving a shower, getting ready for school, feeding her, helping her with homeworks and even making her sleep.

7.       She would only cook food as her mom also replies for my complaints, “she is cooking for you what else do you need ?”

8.       We have had no physical relation past 3 years

9.       My daughter relies on me for everything, she never says mom for anything.

And lots more

 

 

Im planning for file a divorce, Need help on what kind of Divorce should I go for if my in laws does not agree for mutual consent.



Learning

 11 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 March 2015

Dear,

 

You can file under section Section 13(1) iii of the Hindu Marriage Act, 1955 and on the ground of cruelty as well.

 

Regards

Kapil Chandna Adv

9899011450

Q Slinger (NA)     09 March 2015

Before you file divorce, ensure that you have solid evidence (video evidence preferable) of the actual harassment. This will make your case rock solid. Verbal statements in the court room do not help much in annulments or divorces. The other evidence you need is:

- The family indicating that she is much younger than she actually is.

- The Paranoid Schiz report from the doctor stating how long she had that condition

- Record all communication between her and you.

- Video record her behaviour at home. 

 

You can purchase spy cams and install them around the house and record the abuse that is being meted out to your daughter and you. Once you have this:

- Getting divorce will be much easier

- You will get custody of your daughter because your wife is mentally unfit

- Judge might not be inclined to give your wife any permanent maintenance or alimony because you have been cheated.

 

All the best.

Hitesh (MD)     09 March 2015

Thank you Mr. Kapil for your reply Thank you Mr. Q. Slinger With reference to your above comments, I would like to mention that we are not living together past 45 days. She is at her mothers place. But she threatens me of coming back. I get depressed actually scared when I get to hear she is coming. I have all our phone calls recorded but no video. And yes I have the report from Nimhans which diagnosed her paranoid schizophrenic

Mango (Consultant)     09 March 2015

Just FYI - Slightest hint on video tapping part or any divorce proceeding would make your life a lot more complex than you could ever think!


I heard in one of the cases where husband rushed to hospital for DNA test and wife rushed to police station for false FIR. Guess what, by the time husband get the DNA report wife trapped her into false 498A case. Husband was held behind the bars. Though, it happened 6-7 years back and at that time investigation was not part of 498A case.


Be careful what you do as it can turn-out real ugly as well.


Mango

Hitesh (MD)     09 March 2015

Dear mango. I don't think I will be able to video tap anything and I don't intend to do so too. Thanks for the information it helps a lot.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 March 2015

Dear, Nimhans certificate will be admissible in evidence and will help you contest tour case ..... Regards Kapil Chandna Adv 9899011450

Q Slinger (NA)     10 March 2015

Mango: regardless of video evidence or not..if a wife wants to file 498a case...there is nothing thats going to stop her.

Regards

Jaya Pathak (Paralegal)     11 March 2015

If ur wife is mentally unfit you should rather talk to ur parents and her parents, sisters, brothers together in same meeting..... get her medical help. probably that is what she needs more than anything else. If this doesnt work then file for divorce based on the Nimhans medical report. Dont complicate things.... not worth it neither for u nor for her.

Hitesh (MD)     11 March 2015

Dear Jaya Parekh I have tried a lots of medical treatment for her past 3.5 years. But she doesn't seem to show any improvements. Doctors say medicine will only help her conscious to get over the symptoms but her attitude is not letting her. And her mom have supporting her for all the quarrels. I loved her a lot but now it's faded. We even got separated from parents thinking that would help but she started making issue for that too. I'm helpless and thoughtless.

Hitesh (MD)     11 March 2015

Have tried everything which I could. Medicine, temples, sadhus, exorcism types I don't what I missed, but no help.

Adv. Chandrasekhar (Advocate)     11 March 2015

The case falls under Section 13 (1)(iii) divorce on the ground of mental disorder.  Courts will be very cautious to grant such divorce, because the elements to be proved are very specific.  Mental depression is not mental disorder.  Mental disorder may be permanent or regularly intermittent and it shall cause psychopathic disorders, which may result into self harm or the spousal or children harm.  Schizophernia is also a ground for divorce. 

This psychological disorder has to be proven by oral and documentary evidence and the medical report has to be proved by bringing the conerned doctor into witness box.  The leading case on this point is Vinita Saxena decided by S.C.  For your information, I am enclosing a file which consists of the above said case.


Attached File : 991699762 document i.doc downloaded: 51 times

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