C S 31 March 2020

Schizophrenia

Hi Sir/Madam Im taking medicines of schizophrenia from year 2012. I got married in Nov 2019. Now my husband wants divorce on based of cruelty. Alligations are like extra marrital affairs not living with him mental disease etc. He threw me out from his house. Im M.Sc. B.Ed. Guest teacher in Delhi. I want to ask that (If I have schizophrenia) no one will marry me if divorce happens between us what do I do? As my mother is housewife family income is very low. Please guide me.

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Quick Summary

This discussion addresses a woman's concern about divorce proceedings initiated by her husband due to alleged cruelty, including claims of extra-marital affairs and her mental illness. She fears a divorce will prevent future marriage prospects, given her low family income and the stigma associated with schizophrenia. Legal advice suggests appointing an expert advocate to fight the case and prove her mental state is not a ground for divorce under the Hindu Marriage Act, citing precedents where the severity of the disorder must be proven.

8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 31 March 2020

Dear querist,

You have to fight out the case by appointing advocate. Meanwhile try get out of illness.

Regards,

C S 31 March 2020

Sir Im fine. Im not ill.

C S 31 March 2020

How can I prove that?

SHIRISH PAWAR, 7738990900 (Advocate) 31 March 2020

prove it by appointing expert advocate

C S 31 March 2020

What is the procedure to prove that?

C S 31 March 2020

We have appointed Advocate.

Adv Vinay Mathur + 8447131770 (Advocate) 01 April 2020

Schizophrenia is curable, cannot be a ground for divorce under Section 13 (1) (iii) of the Hindu Marriage

2 Like

LIYANA SHAJI 09 June 2020

Hello,

The court in Ram Naram Gupta v. Rameshwari Gupta has held that with reference to section 13(l)(iii) of the Hindu Marriage Act 1955, that the mere branding of a spouse as "schizophrenic" is not sufficient. Degree of mental disorder of the spouse must be proved to be such, that the petitioning spouse cannot reasonably be expected to live with the other party.

Hope this answers your query.

Regards,

Liyana Shaji