LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anand   13 December 2016

Ailmony need to given?

Hi Team,

I'm here to know whether Can I file divorce case against my spouse due to mental illness or not?

I'm working in some software company and I married on June 2016. Before marriage I'm not sure whether I'll get Onshore project or not. So, I didn't inform to my spouse family about the foriegn opportunity because of the uncertainity about this onsite project.

After 1 week of my marriage luckily I've got Onsite opportunity to work in UK. I've informed to my spouse family about this Opportunity and they told me I've cheated them like that. Because, my spouse family wants me to stay in India. I was ready to take my spouse with me in UK. But, unfortunately she doesn't have passport at that time. Even I've tried to get passport in Tatkal scheme and its get rejected due to birth certificate issue. So, I've flown alone to UK on July 2016. 

After 2 months she came to UK on 1st October 2016 and we spent good time together in first 15 days. One weekend we went to one of my friend home and there we had nice time with their family. After that day, she said, my friend is handicapp and his wife is not happy to live with him like that. so, she said, I want to help his friend wife to get divorce from him. My wife keep on saying this. But, my friend is not handicapp and he's living with his wife happily. I told my wife don't say like this otherwise you will get divorce from me in frusturation and went to office. My wife called my friend and said like " If you want your wife to live happily better give divorce to her". My friend asked me what's happening and asked me to go home and take care of her. Then I went to home and she said , she doesn't like my friend . I said okay no problem. Then she said, you will say like this and finally you will take me to him. I've tried to keep her calm. Then, Suddenly she tried to committ suicide in different ways and fortunately I've stopped on this. My wife family hearing all these things in Phone. To make her calm I promised to my wife " I'll inform to my friend to get divorce". Night, she often woke up from her sleep and I also woked up if she tried again to committ suicide it will be big problem that's why and its happened for 1 week.

After 2 days, she asked details about the divorce. I said , "If couples doesn't like each other they will get divorce" to keep her calm.  On that night, she said "she married me because her brother will marry only after her marriage like that. Since, childhood onwards she saw some face in her dream and she thought to marry that dream face. But, She didn't find that guy before her marriage. So, finally she married me. But, During her visa process, she saw that dream face in that office 2-3 minutes only and from that day onwards she felt that she wants to be live with him. so, she said I want divorce from you like that". Then I understood she had some mental issues/ depression.I also said that "Okay, I'll give divorce to you" to make her calm. Then,  I've informed this matter to her family ,  they said My wife had some mental issues before marriage and they had treatment. But, before completion of the treatment they done marriage for her. They thought it will be cured once marriage has done. But, it doesn't happened. Her family hide this problem to me and my family before marriage. Now, I'm so worried about this issue. She tried to committ suicide again because she wants to be with her dream face boy. 

To avoid anymore serious issues we went back to India. Once, We reached her home , my parents and sisters also came to her home to know the issues what has happened. My wife shouted to everybody in the home like  "I want's divorce from me and I won't live with me even  If I live with me I will die" like that. Also, Her mother said, my wife had some mental issues before marriage , we hide this problem to avoid marriage to be cancelled like that to all the people in my family. We trust her family but they cheated us. 

Now, My wife is in her parents home and they taking care of her and they are consulting with doctors as well. But, still she's saying samething about the dream face. Sometimes, she called me to take her again to UK then again she was asking "have you filed a divorce case or not". I'm so confused on this. I thought to live with her if she's cured. But, I'm not sure after treatment also if she will be behave like this it will be big problem for me as well as her.  Also, my family won't support her due to this type of issue.

Hence, I'm planning to get divorce from her. Here comes my question, Due to this reason can I divorce her? If so, do I need to give alimony for life long? Her family only cheated us. In that case still do we need to give alimony?  Please help me on this.

Looking for your reply please.

 

Thanks & Regards,

Anand



Learning

 4 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     14 December 2016

Find out about her mental health condition, see if that is curable or not. Later you can find ground for divorce based on medical reports

Ms.Usha Kapoor (CEO)     14 December 2016

Well!  It looks  she requires prolonged psychiatric treatment for this kind of malady. Take her to  a psychiatrist and get her treateds. If  she is  not cured wihin the promised time or the psychiatrist says it is incurable mental disese then contemplate divorcing her.It all depends upopn your love and acommodative nature for her  and  also patience.If you appreciate this answer please  give me all my profile likes.

whatnot   14 December 2016

Usual premise one adopts in these forums is to believe that OP presents ture fatcs.

But in this case something is off. Can't put a finger but is too abrupt developments.

 

As for as legal angle goes, you have a weak case and divorce will take next couple of years as the process can only begine next June earliest or Next October.

Dumping her off as hot potato would be injustice to sacrament of marriage. If futher medication  is needed so be it. Invlove in her future diagnosis. See where it leads.

 

Look at this way, if it takes 2 years to get rid of her, why not spend that 2 years to get her helathy?

 

Be with her and take it in stride


(Guest)
Originally posted by : autohide4u
Do not apply for divorce yourself in India, it is a horrible for husband to ask for divorce under Indian laws. Let the matter sit at rest for as long as possible, the more time that passes with her living away from you and your family the better. Go for casual relationships with other women. Try to settle permanently abroad and get divorce from UK or US etc. If lot of time passes and she wants divorce then agree to pay some money to her for sake of getting mutual divorce. Record all calls she makes to you or your family, be calm in your talks with her, say as little as possible and let her speak more. Keep collecting such evidence, it will help you when time is right.

I disagree with the advice given.

Getting divorce abroad in the above two countries is next to impossible if you are not well to do.  You will have to spend a fortune to get divorce in US or UK.  Be aware of it.

Its better to take mutual divorce in the country which you got married.  It is 10 times cheaper in India,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register