perm32 (Asst Professor) 01 October 2014

Post-psychiatric visit

Hello,

After 4 months of struggle and 1 lawyer's notice, my wife and her parents agreed to visit psychiatrist. During consultation with psychiatrist, the doctor told us (my family and her family members) that she has paranoid delusion disorder and must take drug and psychotherapy. However, her parents, especially her farther and brother, went crazy and quarrelled with the doctor. This happened on last saturday. Then, the psychiatrist has asked us (my wife and I alone) to come for 2nd session on Tuesday, for which my wife failed to attend. When I called my wife family, they said that their daughter does not require any treatment, despite the psychiatrist repeatedly telling them that their daughter certainly needs treatment. Since, their behaviour in front of the psychiatrist and their failure to attend 2nd session suggests that my wife and her family members are not willing to take treatment and live with me, I am speculating to apply for divorce on the basis of her mental illness. I have a letter from the psychiatrist typed on her letterpad that she certainly needs drug therapy and psychotherapy and her parents are unwiling for any therepeautic intervention. Should I directly apply for a divorce in family court or send a lawyer's notice to bring her for treatment. I have a letter from the psychiatrist typed on her letterpad that she certainly needs drug therapy and psychotherapy and her parents are unwiling for any therepeautic intervention. What should I do?

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2 Replies

(Guest)

I pity your situation. They tied a defective product to your head.

You should have done background checks before plunging in.

The said delusion etc are not grounds for getting divorce, even the letter from the doctor does not state that its untreatable and you cannot lead a marital life with her.

There are things like these. And there is only two option for you.

1. To accept the reality and get her treated and continue treatment and treat her with love and affection and give care to her. [Even my wife was having OCD, but I just ignored it and kept treating her via doc.] Its no use to run behind court when you have a weak case. It will spoil peace of mind, and nobody will live happy. Not you, not your immediate family of parents. To fight a contested divorce case, it takes lots of courage and patience, time and money. IT wont get over easily, and will run for 7-8 years, in your case it might take 10-12 years. Along with that you need to pay wife money each month and also face brunt in society of going through divorce. So think about it.

2. Convince wife and her party to give you MCD, usually such will be done like business deal, pay her one shot alimony and she gives you MCD and you are a free second-hand man in 6 months time.

Some lawyers might give you false hopes that they will get you divorce within 2-3 years. But they will be lying and looting your money via fees.

You may also contact me through PM>

Tajobsindia (Senior Partner ) 01 October 2014

@ Author,

1. Straight away alleging wife’s mental condition and is causing you mental cruelty will not get you divorce under personal laws. You may have to built up a case and it is very long proceeding based case status and who knows in between she – her side may retaliate and choose criminal family law cases to save their social face?.

2. Usually paranoid delusion disorder leads to divorce between spouses but in Indian context it needs to be proved that it is un-treatable.

3. Mutual Consent Divorce is a possibility but I see distant reality as it is not clear the age of spouses and her re-marriage chances read with do you yourself believe they (she) will come and sit across table to opt for such shortest proceeding leading to quick divorce when they even have reservation for treatment?.

4. Against above backdrops you are struck in marriage is my view unless prepared for long contest in Court, hence give time to her – her side and with patience try leading her to treatment for a possible better tomorrow.