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Ragu Nandhan   09 October 2024

Mental illness and cruelty by spouse - divorce legal advice

Wife is having severe mental illnesses - Schizophrenia and Bipolar type 2, and taking medications without husband's knowledge. Husband got a solid proof that she is mentally ill. When he confronted, she started going for studying higher education - to live separately from him. She claiming to live separately as he is abusing her, through her DVC Case. If he is filing contested divorce , how to make her take the medical test to prove his point legally? She is utilising all legal tools to exploit his life altogether, need help. 



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 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 October 2024

If the wife is suffering from mental illness, how she start going to higher studies and live separately from her husband?

T. Kalaiselvan, Advocate (Advocate)     09 October 2024

If the husband is desirous of filing contested divorce case on the grounds of cruelty, and if he relies upon her mental health condition as a reason for this cruelty, he should collect medical history or treatment particulars or the medical records of her pertaining to her illness and conduct the case on that grounds.

He cannot make vague or bald allegations to this effect and request the court to subject her for medical examination.

The court will not entertain any such application.

1 Like

Ragu Nandhan   10 October 2024

The wife moved for higher studies with help of her parents and operating from parent's home, leaving husband unilaterally sir.

Dr. J C Vashista (Advocate )     10 October 2024

Schozophrenia and Bipolar type 2 diseases are not a ground for divorce.

However, mentally, socially, emotionally, morally and economically the patient (your wife) is extemely dependant upon you, wherein she needs your company, help and look after to overcome her disease, you are required to reconsider your view accordingly.

P. Venu (Advocate)     10 October 2024

If the wife is mentally ill, it is the duty of the husband to take to take care.

adv.raghavan (Advocate,9444674980)     13 October 2024

first u have to follow due process of law in filing petition against mentally ill person or mentally retarded person, numbering itself will take much time before. so try to get settled amicably.


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