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kiran (employee)     27 September 2013

Contest divorce

Hi Sir/Madam,

 

My wife files divorce petition stating various reasons

I am Mental disorder, split mind and other nonsense reasons, And she prayed the Court to grant Divorce.

Now, If file with vakalatnama saying "she has filed baseless aligations and paying the honourable court to grant divorce as per the petitioner" - and followed by counter.

Is this fine right ?

 

Regards

K



Learning

 7 Replies


(Guest)

What you want from her???


Do you expect her to to behave like a decent wife now, as she had alleged all the cruelities against you?


No back reverse for you once the matter gone on Hon'ble court...


Now,you can either drag her case but be ready to give interim for her and the more you drag the more year's you have to pay..if she is not able to maintain her.


It's alway's wise to talk to her and settle the matter amicably rather than running around courts for half of your precious youth time...Soon you will feel you have vested all your youth to an adamant and unwilling wife who don't want to live with you.


Here, you will get discount also at Higher rate from her as she is willing to take divorce and with so desperately that look what allegation's she had made on you.

Just think over it...............!!!

Mango (Consultant)     28 September 2013

If I were your lawyer, I would love to say in reply that Mr. X has mental disorder, split personality and unsound mind which started only after six months of marriage because Mrs. X had inflicted numerous mental & physical cruelty upon respondent. After having suffered enough from his past dreadful married life, respondent is agreeing to give divorce to petitioner in exchange of lifetime maintenance for his treatment.


Since petitioner is a working woman who has deserted her husband after making his such condition so equal punishment should be granted for doing so!


Mango


dr.pawan rajyan (member and secretory)     28 September 2013

good Mango

Manpreet (Manager)     28 September 2013

@Mango

Exellent reply.

Now if we allege that if we say that Mr. X has developed mental disorder.Do Mr. X need to submit medical record?

Reply please...

Mango (Consultant)     28 September 2013

Manpreet - 

 

Here are the technicalities of this case -


1. When both the lawyers are saying that he is suffering from mental disorder there is noone who would stand out and challenge. Not even the judge as per my understanding. Reason for this pretty much simply, one alleged and another accepted where is the contradiction then? The party who will raise his/her voice first, will contradict his/her statement and would be exposed under Section 199 -

_________________

199. False statement made in declaration which is by law receivable as evidence.-- Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

_________________


2. He should get the royal treatment in this case and his lawyer should convince the judge that he should not appear in the court as he is suffering from mental disorder indicated by his wife. As per the  International Bill of Human Rights, Article 25 (Right to Health) it states that "Everyone has the right to a standard of living adequate for the health, and well-being of himself and his family...". Since he is suffering from some disorder so he should not be called upon in any place which could adversely impact his health.


3. It should be his wife responsibility to put the legal paper of his mental disorder. In case, she does not comply with her statement, he would automatically win the case on merit basis without any maintenance. Only point here is that his lawyer has to stick with the statement that he has mental disorder as indicated by wife... 


4. In order to avoid any kind of maintenance, he can refer to any psychiatrist and ask her to give the proof that he is suffering from it since a long time...! Usually, these symptoms are not seen at earlier stages... Remember, it has been said that he has developed this disorder after 6 months of marriage. Nowhere, it has been said that he had gone for the checkup before the court case. Only after his wife sued him, he'd consulted psychiatrist and come to know about that he is suffering from such disorder from past 1 and half years! 


Mango

Mango (Consultant)     29 September 2013

Given a chance to prove which disorder it's, I would have said it's Separation Anxiety Disorder (SAD), which has primary reason for lack of love and care either during childhood or at grown-up level. Here are the key points of this disorder -


1. Attachment relationships - Insecure or anxious attachment styles have been shown to produce feelings of vulnerability, fear of being alone, and chronic anxiety

2. Locus of control.

3. Overprotective or intrusive parenting behaviors.

4. Low parental warmth, discouraging autonomy.


Whereas, other could be sleep disorder and sleepwalking disorder as mental disorder conditions. Thanks!


Mango


SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     02 October 2013

Ur answer is good like a M A N  G O


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