Divorce and re-marriage
Naveen
(Querist) 09 September 2017
This query is : Resolved
Hello Sir,
I am Naveen Kumar and I am 30 years old. I am working in central government PSU. I joined my job in beginning of 2016 and married in mid of 2016. Before that I was working in private sector.
My wife has bio-polar disorder problem which I came to know later. Actually she was taking medicine for this since last 10 years. But this fact was not disclosed to me at the time of my marriage. We have a child now. Before delivery of my child my wife was ok. As we are living separately my wife used to sleep in day and managed to get up in night if required. But after delivery of baby problem of my wife increased so much, so she can’t manage to sleep in the day because of responsibility of child but she has developed habit of sleeping in the night but problem is that If she do not sleep in night she got irritating and frustrated. I have consulted doctor for treatment of my wife but he said this is lifetime problem.
Due to this I have to take care my child in night. This habit has developed as a matter of routine as 7-8 months have passed but there is no change. After coming from office I find it very difficult to get up in the night. I am very upset because it is affecting my work as well as my life very badly.
I am thinking of filing for divorce. So I want to ask following:-
1. Can I file divorce based on above problem of my wife.
2. Can government employee re-marry?
3. Will I have to pay the maintenance charge as it is not my fault that she facing the above problem, b’coz if my wife family had disclosed my wife problem I wouldn’t have married her.
Kumar Doab
(Expert) 09 September 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 09 September 2017
As a Hindu; you cannot remarry while your 1st marriage subsists.
As a government servant; Carefully GO thru the service rules, conduct and discipline rules, and you shall get crystal clear answers.
Kumar Doab
(Expert) 09 September 2017
You may go thru;
The Hindu Marriage Act, 1955; 5,11,12
https://indiankanoon.org/doc/635068/
http://lawcommissionofindia.nic.in/51-100/report71.pdf
https://indiankanoon.org/doc/1243269/
https://indiankanoon.org/doc/368948/
Kumar Doab
(Expert) 09 September 2017
Thanks for agreeing Mr. Rajendra K Goyal.
Sudhir Kumar, Advocate
(Expert) 10 September 2017
Bi-polar disorder may not be a strong reason for divorce particularly when you have condoned it by living togather and having a child.
as a govt servant you are sure to loose job if you re-marry without a valid diroce, even if you live separate for years.
Kumar Doab
(Expert) 10 September 2017
Gather evidence of destructive effects during bouts of Bipolar Disorder (mania)............and that it is unbearable, now.
Do you have such irrefutable evidence?
Kumar Doab
(Expert) 10 September 2017
You have mentioned facts were concealed from you.
Hope you can establish...................or anything and everything may just be averments.
P. Venu
(Expert) 10 September 2017
Yes, the unfortunate condition of the wife may not be ground for getting divorce. Moreover, who will take care of her if you abandon? After all, she has been your wife and mother of your child.
Other aspects pointed out are secondary.
Naveen
(Querist) 10 September 2017
i m a hindu. Thanks to all of you...
Kumar Doab
(Expert) 10 September 2017
You are welcome...............
