divorce with psycosis wife


I am a senior IT pro (40+) and my wife (34+) is a post-graduate house wife and ours was an arranged marriage for 10 yrs now having 7 yrs old son and 7 mo old daughter. There is a serious personality issue with my wife; very adamant, abnormal human behaviour - talks and murmurs self, curses others within self for no fault of theirs; does not like to go out even for provisional shopping; no social movement - even within the known circle such as close friends, relatives etc.  I've been observing this abnormal behaviour ever since i've married. Some how I've been patience enough to adjust my self to this and even attempted to change her behaviour through psychiatric counselling with no success. With her suspicious behaviour, irritates others and there have been many instances where she has gone wild and curel and even attempted to kill herself and myself and kids - kicking, scratches, fist fights etc.  Noticing danger to self and my family, took her to the well known psychiatrist and got her admitted into the mental hospital thhree times one week each time.  The doctros confirmed that she has mental imbalance which is a form of psychosis which can only be cured with medication alongwith the psycho therapy.

I was decieved at the time of arranged marraige and my in-laws probably know her behaviour already and did not take initiative to cure this abnormal behaviour before marriage - so mean parents who do not even know what their kids are upto !!!  Now that they are blaming me and my family for her behaviour.

I can not any longer reconcile with her and lead my life with this attitude and planning to file for a divorce petition on this ground.  I've tried to do it mutually discussing with my wife and being so adamant she does not want to take a divorce; but would expect to lead the life as is.

I could sense on the other hand that, my inlaws and even wife are preparing to frame a false 'harassment' case to drag me into legal and police matters.  Here are my questions:

a) how can I protect myself proactively in this scenario from any legal/police cases may be filed by my wife and inlawas

b)if i file for a divorce petition, could my inlaws and wife can still file a 'harassment' case ?

c) could i get possession of kids in my custody  on the cruel and psychosis behavious basis

d) as we are living together how do I do divorce ?  how long the process is going to take

appreciate any view and legal advise. pardon me for a lenghty descripttion of my situation.  hope i've made it clear.

thanks

 
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Legal Manager

If you anticipate that your wife/inlaws will file false cases against you, you can very well safeguard the proof of your wife's medical treatments(like doctor's certificate and the proof of the details of treatment taken by her) etc to show that she is mentally imbalanced and her any complaint against you is false. 

 

Before your wife/inlaws file a case against you, you immediately file a criminal case against them for cheating you in marriage hiding the mental sickness of your wife under the provisions of cheating (sec.420).  This could be a protective shield for you and the entire control of the situation will be in your hand.  You can also use this situation to get divorce easily.

 
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thanks. where should i file this case....in family court/lok adalat/police station ? pls let me know

 
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Legal Manager

First give a police complaint that you are cheated by your wife and her inlaws.  Take the assistance of a lawyer to see that the complaint is perfectly done without errors.  Parallelly file the petition for divorce before the family court.  

 

Immediately contact a lawyer. He will appraise you / clarify you about legal issues.

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

 

 

Sorry Mr.Krishna, but Mr.Distrubedman has been married for the last 10 years and court will never consider this fact that MR.Distrucb did not findout her medical status for so long.

So the maximum he can do is, he can file an informatory application of threats by her inlaws to the police to safeguard himself.

 
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Legal Manager

Mr. Kamal

 

Mr. Disturbed man can plead that he recently only came to know that his wife is taking medical treatment and he can file the case. 

 
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Mr Kamal / R.R. Krishnaa - As mentioned, ever since got married, my wife's behaviour pattern was 'abnormal' and it took me a while until I realize that it is a case of psychiatric treatment.  Her parents who were supposed to know their child better hidden her personality behaviour with me and now they are backing off when the situation of my wife is worsened.

 
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Advocate

Mental Cruelty can certainly be pleaded to claim divorce from the other spouse. Under Section 13 (1) (ia) of the Hindu Marriage Act of 1955, either spouse can seek divorce or judicial separation on the grounds of cruelty, which includes mental cruelty. The husband is fully justified in living away from the wife in case he is suffering mental cruelty at the hands of the wife. A petition for divorce or judicial separation can be filed detailing each and every incident of mental cruelty. The instances are required to be specific and should be of such a nature as to be construed of causing mental agony to the husband and should not be merely day to day minor quarrels which normally take place in a married life. Going by your version you are living not ith a wife but with  monster.But if you really loved her why dont you take her for medical check up?


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student

Mr. Disturbed Man....after reading your problem...and without reading other suggestions...i would only give you one advice...which is beyond legal logics...!! May be it sounds filmy to you...but i have seen cases like yours...and this is all because of certain lack of love your wife is sufering from, most probbly. Rather than taking your wife as mentally sick, and treating her like abnormals...kindly try and understand her problem...and give her some love and attention...remove all communication gaps between you ppl..and just talk to her without hesitation....you can cure your wife yourself, but only if you want to...and yes....you have to be patient enuf..as this wud take time...I know advising is easy then implimenting...but its your task...as you have pledged to take care of her during marraige...be a Man and support her, else you will riun your children's life, her life and ofcourse your life....but you will understand my words only if you love your wife truely...if she is nothing for you...then divorce her, and marry some one else....!!

Regards,

Sugandh


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service

Dear Sir,

Please note that in ur case Cruelty as defined in NG Dastane v S.Dastane (1975) 2SCC326 is dvisent which is a ground for dissolution of marriage.

May be defined as wilful and unjustifiable conduct of such a character as to cause danger to life limb  or health, bodily or nental or as to give rise to a reasonable apprehension of sucha danger.

As far as the matter of condonation is concerned Sc has held in the same case that "Condination is always  subject to ;the implied condition thatthe offending spouse will not commit a fresh matrimonial offence."

 

 
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