divorce to mentally ill wife
satyadevi
(Querist) 11 November 2009
This query is : Resolved
sir,
in the present case the husband is a software professionel working in mnc mostly at night shift.the marriage took place with the consent of both parents and it was arranged marriage. after marriage it was found by the boy that the girl was mentally unstable she had suicidal tendencies she was lacking in personal hygine also. later it was revealed that she was taking some medicines for stress release and the girls mother is also mentally unstable.the boy gave her the treatment and the drugs required but she was becoming worse as during night time this boy has attend office fed up with this after 2 years the boy wants to take divorce from the girl. please suggest the section under which he can apply for divorce and also is he required to pay any copensation to the girl?
A.P.Manoranjan
(Expert) 11 November 2009
Section 13 of the Hindu Marriage Act describes the divorce and the conditions to obtain divorce.One of the condition is that the other party " has been suffering from incurable unsound mind,or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extentthat the petitioner cannot reasonably be expected to live with the respondent."
Manish Singh
(Expert) 11 November 2009
Dear Mr. Satyawadi,
you can also file a suit for decree of nullity of your marriage under sec 5 of the hindu marriage act.
Raj Kumar Makkad
(Expert) 11 November 2009
After going through your quarry, it seems that your wife may be suffering mental disorder due to your job schedule of night. As you are not in a position to share the happinees of life with her, she has nothing but to suffer the mental and physical torture in your hands. Though legally you may file the petitions as suggested by various experts herein but I suggest you otherwise. Search some other job of day time and start the life with a new look. I hope the things shall get in order very soon. Generally divorce is not so easy as it presumed and its results are also not so sweat as are presumed.
