Wife rights of a mental disorder person

Querist : Anonymous (Querist) 13 October 2011 This query is : Resolved
I am wife of mental disorder person.
my husband has mania disease.
he is affected in the year 2000
i got married 2004.
without informing the disease they cheated and married me.
now yearly once he is admitted to hospital for treatment nearly 3-4 months for treatment.

Now I am living with my husband there is no other way. We have one son aged 6 years
I don’t like diverse too.
While he takes tablet and not facing any serious situation means his life will be regular
Without sleeping tablets he won’t sleep.
When he gets violent he has extravagant shopping,improble commercial schemes and sexual adventures.

any critical situation arise he will be affected eventhough he takes sleeping tablets.
his mind will not face any serious situation.
Now
My father in law expired he wrote all assets in my husband name and my brother in law name
my mother in law is taking action for selling assets in my husband name to the brother-in-law.
she is telling in future you will have assets.
my husband is tensed about it.
and he will not able to speak about this to his mother don't sell my assets.
He won’t discuss with me about assets issue when I tell anything he will be tensed.
So I avoid it.
my doubts is
1.my husband signature is valid or not in legal documents?
2.I as a wife has any legal rights in my husband to transfer the assets to my son name.?
3. till now the assets are not separted
4.If I Object any sale in legal notice is it valid.?

In this situation what I have to do to save my husband assets

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Raj Kumar Makkad (Expert) 13 October 2011
1. Property can be sold only under Signature of your husband.

2. You do not have such right but you can attain such right by way of adopting the following means:

a). By filing an application under prevention of Domestic Violence against Woman Act, 2005 and obtaining stay order thereon against selling such property

b). Getting declared your husband as mentally ill and getting yourself declared as his legal guardian dealing with all his interests.

3. It is good for you.

4. You can citing the mental disorder of your husband.

You shall take either of action told by me within a very short period by engaging a local lawyer otherwise you shall lose your property for ever.

ajay sethi (Expert) 13 October 2011
well advised by Mr makkad

Querist : Anonymous (Querist) 14 October 2011
Thank You sir for your reply.
How and what steps i should take to declare the mentally ill.
My husband won't co-operate with me.

prabhakar singh (Expert) 14 October 2011
In your husband case it would be qualified condition depending up on his mental capacity and stroke of illness at the time of signature.if it is found proved that at the time of signature he was under interval of mental illness not capable to understand,his signature would be illegal and if it is proved that while signing the document he was all the way capable to understand the document then it would be called legal.

To safe guard your and your child interest,it is desirable for which he should be examined and a certificate under
Mental Health Act should be obtained where after you should file an application for appointment as his guardian.Only this way you can keep the house safe without any litigation from third parties who may go greedy to get it by intoxicating your husband.

In order

Querist : Anonymous (Querist) 14 October 2011
my husband married me by cheating only.
already in 2000 he has admitted to mental hospital for treatment.
in 2004 he married me without informing me about his mental illness.
to safe me and my child now i decided to get divorce.
when i apply it how long period i will get divorce.
i want immediately.

Wife rights of a mental disorder person

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