Hindu divorce based on insanity
Sanjeev Shelar
(Querist) 31 August 2014
This query is : Resolved
Hello,
If husband (hindu) is insane, can husband himself file for divorce based on his own insanity? In this case wife does not want to give divorce for property matter. Husband (his parents on his behalf, because he is really insane)is ready to give all maintenance and financial help to his wife. There is also a possibility of wife's safety as husband beats her up often. Parents do not want a criminal liability due to this situation.
The insanity of spouse is ground for divorce. Can the insanity of the petitioner himself be the ground for divorce?
Devajyoti Barman
(Expert) 31 August 2014
No it is not as the insane person is not fit to file a suit . A guardian appointed on the person of the husband can file suit for divorce on this ground.
Sanjeev Shelar
(Querist) 31 August 2014
In this case his parents (his guardian) will file the suit. But the wife is not willing to give divorce. What is the remedy? Thanks for quick reply.
Devajyoti Barman
(Expert) 31 August 2014
I have already stated on this line.
READ MY REPLY AGAIN.
Anirudh
(Expert) 31 August 2014
In this situation, it is the wife who can seek divorce. NOBODY ELSE. The parents of the husband cannot seek divorce, if the wife is not willing.
Sanjeev Shelar
(Querist) 01 September 2014
Now we have two conflicting answers. Wife is not giving divorce. It is the parents who are taking care of their son, who is insane.
malipeddi jaggarao
(Expert) 01 September 2014
Mr.Sanjeev Shelar - you are very clever by posing this query.
Anyway husband is insane and he is no way concerned about divorce.
The wife does not want to go for divorce - you said the reason is property.
Why the parents of the husband is interested in divorce petition? Only to avoid giving property to the poor lady whose husband is insane. Only to take away her right in the property. Your excuse that sometimes the husband beats up his wife and the parents do not wish the same. But they are ready bring-up their son though he is insane because they do not wish to give away property.
Open your mind clearly. We are not here to help your secret plots.
Sanjeev Shelar
(Querist) 01 September 2014
Namaskar Shri Jaggaraoji, Thank you for opening my mind. It seems that I did not put the inquiry clearly. Wife is not giving divorce for the rightful fear of her future. At present state, neither she is taking care of him nor giving helping hand to the joint family. But that is besides the point. Parents of the insane son are more than willing to give her rightful share of the property including future maintenance. I mentioned about the maintenance part in my first posting and did not post all the facts in the first posting which was a negligence on my part. It is a fact that the insane husband tried to injure her in the house. Because of his insanity there are always quarrels in the house. Parents sincerely wish that there should not be any criminal charges in the house. The marriage was done by giving full disclosure about his medical condition and wife knew it all.
Anyway, if one has their fate like this then one has to live with it. Just wanted to clear that there is no sinister plot here and neither I was trying to get answer for something which is evil.
ajay sethi
(Expert) 01 September 2014
it is in wife interest to apply for divorce if husband physically assaults her . if she refuses to apply for divorce and husband is insane no divorce can be granted
Sanjeev Shelar
(Querist) 01 September 2014
Mr. Sethi, You are right that it is in her best interest to ask for divorce, which she can get easily but she is worried more about her social image and status, and that is the problem in this situation. Thanks.
malipeddi jaggarao
(Expert) 01 September 2014
Mr.Sanjeev,it is not my intention to hurt your feelings.
If the parents-in-law are really concerned about the welfare of their daugther-in-law, they can counsel her stating that they are going to give the share in property and also monthly maintenance. They can even go one step ahead assuring her that if she desires, they will make efforts for her re-marriage also. What about the parents of that lady? They should be taken into confidence and should be convinced that it is in the interest of the lady to apply for divorce, so that it is to get the divroce quickly and her in-laws will take care of her future first by giving her share of property, next monthly maintenace until she gets married. I think if sincere effort is made in this direction by roping her parents and other well wishers, she will definitely agree for the proposal. Who wants to live with insane husband heartfully?
Anirudh
(Expert) 01 September 2014
Dear Mr. Sanjeev,
Please indicate the composition of your family. We now know that you and your wife are there besides your 'insane' son.
Apart from that do you also have any other son(s) and daughter(s).
Sanjeev Shelar
(Querist) 02 September 2014
Anirudhaji,
It is not my family. It is my cousin sister. The family consist of father, mother (my cousin sister), daughter (married four years ago and living happily), their insane son and his wife. No grand children yet. My sister and brother in law owns a grocery store, have agricultural land. Financially they are stable but they live in a village. Son for obvious reason is not educated and his wife is only 10th standard pass. Son's wife is worried more about social stigma. I hope this and previous post will explain the situation fully. Thanks for your concern.
T. Kalaiselvan, Advocate
(Expert) 05 September 2014
In any event, if wife is not willing for divorce, it cannot happen because the parents of insane son cannot move divorce petition despite they obtain guardianship for him. This is a right to be established by the party concerned and not their benami to act as if the party is willing to do it.
