Divorce by mutual consent in case of schizophrenia
Chaitanya krishna
(Querist) 07 June 2015
This query is : Resolved
I got married to my uncles daughter 16years ago in 1999.we have a daughter who is 13 years old now.my wife was diagnosed with schizophrenia in 2008 and she is under treatment since then.we are living together in our house along with my daughter.my parents live separately.my wife has refused to take medicines for the last 9months citing side effects of the medication.I have tried my level best to convince her but she has refused to take the medicines.the doctors at the government hospital for mental care have stressed that medication should not be stopped as schizophrenia could worsen.despite her illness my wife manages household chores but is unable to maintain good relations with her family or with me and my daughter.she has refused to cooperate in giving me sexual pleasure.my constant pestering to get her to take medication has resulted in a lot of arguments as she has suffered a relapse of the disease.our relationship has suffered due to the disease and now she wants to separate from me.she wants a divorce.I tried to take help of in-laws but they too were helpless.now they have distanced themselves from us.my wife gave a complaint of domestic violence against me in 2010which was not acted upon as I had produced the medical reports.I would like to know if I can opt for divorce by mutual consent in this case.my wife wants a flat to live which I have arranged and 10k for her monthly expenses.my daughter doesn't want to go and live with her mother.she wants to stay with me.I fear that after all this my in laws would file a 498a case against me and destroy my career.I don't want to mention about psychiatric illness and go for mutual consent divorce as my wife too is willing.can I opt for MCD.How can I protect myself from my in-laws in the future.they have recorded phone calls to trouble me in the future.please advise.my email is veeramallur@yahoo.com
SAINATH DEVALLA
(Expert) 07 June 2015
I presume UR problem has been stretched beyond control by the members of the family including U.schizophrenia is a mental disorder were in the patient goes out of control mentally (she will not be aware what she is doing)
U also mentioned that when she is normal she takes care of the house.Thats a good gesture.Mere treatment or medicines do not cure the disease. Proper attention and counselling by a good psychiatrist could have brought her under control.
Now both of U are going after legal remedies,I feel is not proper.U have forgotten about the future of ur daughter if U opt for divorce.
A thorough retrospection for the problem can save the health of UR wife ur marriage as well.
Rajendra K Goyal
(Expert) 07 June 2015
Try to compromise and save marriage. If not possible may move with MCD.
Chaitanya krishna
(Querist) 07 June 2015
got married to my uncles daughter 16years ago in 1999.we have a daughter who is 13 years old now.my wife was diagnosed with schizophrenia in 2008 and she is under treatment since then.we are living together in our house along with my daughter.my parents live separately.my wife has refused to take medicines for the last 9months citing side effects of the medication.I have tried my level best to convince her but she has refused to take the medicines.the doctors at the government hospital for mental care have stressed that medication should not be stopped as schizophrenia could worsen.despite her illness my wife manages household chores but is unable to maintain good relations with her family or with me and my daughter.she has refused to cooperate in giving me sexual pleasure.my constant pestering to get her to take medication has resulted in a lot of arguments as she has suffered a relapse of the disease.our relationship has suffered due to the disease and now she wants to separate from me.she wants a divorce.I tried to take help of in-laws but they too were helpless.now they have distanced themselves from us.my wife gave a complaint of domestic violence against me in 2010which was not acted upon as I had produced the medical reports.I would like to know if I can opt for divorce by mutual consent in this case.my wife wants a flat to live which I have arranged and 10k for her monthly expenses.my daughter doesn't want to go and live with her mother.she wants to stay with me.I fear that after all this my in laws would file a 498a case against me and destroy my career.I don't want to mention about psychiatric illness and go for mutual consent divorce as my wife too is willing.can I opt for MCD.How can I protect myself from my in-laws in the future.they have recorded phone calls to trouble me in the future.please advise.
my wife is very rigid person and refuses to cooperate with the psychiatrists due to the severe side effects of the medication.she says that the medication is not allowing her to live her life normally.Schizophrenics do not understand that they have some problem with their health,a condition called anosognosia.I have taken her to three psychiatrists.But with no success.She is very stubborn and never co operates with the doctors.Her father too is a schizophrenic.He was diagnosed after my wife was diagnosed.I am unable to bear this mental torture.The doctors say that she is not in such a condition that she needs hospitalisation.It would be enough if she takes medicines at home.I am completely fed up.My wife says I too have a right to decide whether to taje medicines or not.please help.
SAINATH DEVALLA
(Expert) 07 June 2015
U have repeated the same content,without going through my reply.
Chaitanya krishna
(Querist) 07 June 2015
Dear sir,
My wife suffered a shock after the suicide of her aunt seven years ago.The problem was very severe in 2008.However medication and treatment of experienced doctors have brought her to near normal functioning stage today.After recovery my wife is unwilling to go to a mental hospital due to the social stigma of being labelled as a mad person.I have had to face social isolation from friends,relatives and neighbours too.That's tolerable.But,my marital relationship has suffered due to the issue of having taken her to a mental hospital and given her medicines.She says she is not mad and has developed the bitterness against me to have taken her to a psychiatrist.Even the psychiatrist,Dr.Harikrishna by name who works at the government hospital for mental care expressed his helplessness and told her that she is unwilling despite so much counselling and explanation.She feels she has been framed as a mad person by me and her dad who too came for the admission to the mental hospital.Now that my inlaws have seen that she is not co operating,they backed out.My daughter has come to class 9now.I fear her education would get spoiled due to the atmosphere at home.I have requested my inlaws to shelter their daughter for at least one year.But my brother in law and his wife are not willing to co operate.My wife too fears that they may kill her to get rid of the problem.So,I told her to take the meds.She refuses.What else can I do?Both me and my daughter have tried all ways,even injectables but she locks herself in the bathroom to avoid the medication.She says she will commit suicide if forcefully medicated.I am keeping quiet and getting along avoiding any arguements to the maximum to prevent any untoward happening as it may destroy my career.We met a lawyer and he has told that we can go for a MCD.I have tried all options to get her treated.I am afraid to come home everyday from work for the fear of her behaviour.I and my daughter are living with fear.The lawyers say that there are no laws in favour of men which would offer protection in such cases.Divorce is the only option.So I would like to take that option and lead a peaceful life.I am willing to provide her all what she wants.A flat with all the required amenities.monthly alimony of 10K .Her family is unwilling to take her back.So Ihave to look after her well being.She has an acre of land costing 50 lacs at my native place which I fear would be snatched by her brother.Don't know what to do about it.Like I said,I have tried everything.Nothing is working out and the marriage has suffered.
Biswanath Roy
(Expert) 17 June 2015
From the given facts it appears your wife is in need of medical care and treatment which is not possible at home.
A schizophrenic patient may become violent at any time more particularly if she does not take medicine regularly in time. Better you admit her in any good private mental hospital in your State where it will be possible for you to visit her once in a week. Divorce of a mental patient is not legally possible.
