LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RMLXMN   29 March 2024

Procedure for divorce in a marriage where husband has developed schizophrenia


I am posting on behalf of my sister. She has been married for 10 years. It was arranged marriage.The person she married was always little bit unstable and was violent and angry but my parents always convinced my sister to stay due to culture. They have a kid together also of 6 year old. Few years back during COVID the husband started hallucinating stuff and started accusing everyone of being his enemy and accusing everyone of adultery including my sister and his kid (disgusting). My sister convinced him to see psychiatrist and eventually he did. He was diagnosed with psychotic schizophrenia 2 years back. And he was asked to take medicine. My sister still supported him. But past few months has has stopped taking medicine and has started beating my sister and beating his kid. He also accused neighborhood people of molesting his kid when he saw them playing with his kid and fought with them. He has also started to go out to our relatives accusing us of stealing his imaginary properties. We have a fear he may try to harm my sister or his kid. In the last few years he has been kicked out of many jobs and companies because of his erratic behavior. Currently he is doing some low paying job but even that is uncertain when he will be kicked out. My sister earns very well and works in IT industry.

More details but we are from Muslim community (not sure if it matters). He has in person (in his psychotic state) used words talaq like 100s of times . He has no one but my sister to guide him for medicine and health etc. His parents passed away and siblings don't really talk to him because of his nature and also he has no friends who can instill sense in him. I tried talking to him but he starts Hindi gaalis the moment I talk. Think of constant non stop gaalis like a psycho.

At this point of time we are convinced that this relationship is unsalvageable and onus should not be on our family to receive his abuse instead of his family who have pretty much disowned him.

What can be done to get my sister out of this abusive relationship?

What can be done to ensure that kid custody stays with my sister so that he doesn't harm the kid?

What can be done to ensure he doesn't harm her or her kid post separation (as they live in same city) and he has absolutely violent tendencies or threatening to shoot them (it's on video btw)?

My sister and he own a joint flat (she has paid 70% of money). What can be done to get rid of it without giving it all to him. Basically his car and majority of things he owns were purchased using my sister's money as she earns more than him.

Please guide us as this is taking mental toll on our family.


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     29 March 2024

Being belonging to Muslim religion, your sister can walk out of this marriage by pronouncing Khula  as per Shariat law, along with her kids.

If she still wants  court divorce then she can very well approach the family court with a divorce petition under section 2 of Dissolution of muslim marriage act, 1939  seeking dissolution  of their marriage for the reasons said here and ask her to file the documentary evidences to prove that he is suffering from chronic schizoprenia disease which is incurble and harmful for her and the children.

She can also seek child custody on the same grounds. 

Shashi Dhara   29 March 2024

Approach civil court for divorce under family law and custody of child, if he beats kids and wife video it for for his arrogance and violence for evidence, share of property will be decided by court.

RMLXMN   30 March 2024

Which one is easier? 

We would like to make sure that there is law enforcement involvement for the cruelty and beating. Can he be put in jail for that?

T. Kalaiselvan, Advocate (Advocate)     30 March 2024

If you want to take legal action then you give a complaint with the police and let the police take legal action as per law

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register