Divorce with psycosis wife

If you anticipate that your wife/inlaws will file false cases against you, you can very well safeguard the proof of your wife's medical treatments(like doctor's certificate and the proof of the details of treatment taken by her) etc to show that she is mentally imbalanced and her any complaint against you is false. 

Before your wife/inlaws file a case against you, you immediately file a criminal case against them for cheating you in marriage hiding the mental sickness of your wife under the provisions of cheating (sec.420).  This could be a protective shield for you and the entire control of the situation will be in your hand.  You can also use this situation to get divorce easily.

thanks. where should i file this case....in family court/lok adalat/police station ? pls let me know

First give a police complaint that you are cheated by your wife and her inlaws.  Take the assistance of a lawyer to see that the complaint is perfectly done without errors.  Parallelly file the petition for divorce before the family court.  

Immediately contact a lawyer. He will appraise you / clarify you about legal issues.

Sorry Mr.Krishna, but Mr.Distrubedman has been married for the last 10 years and court will never consider this fact that MR.Distrucb did not findout her medical status for so long.

So the maximum he can do is, he can file an informatory application of threats by her inlaws to the police to safeguard himself.

Mr. Kamal

Mr. Disturbed man can plead that he recently only came to know that his wife is taking medical treatment and he can file the case. 

Mr Kamal / R.R. Krishnaa - As mentioned, ever since got married, my wife's behaviour pattern was 'abnormal' and it took me a while until I realize that it is a case of psychiatric treatment.  Her parents who were supposed to know their child better hidden her personality behaviour with me and now they are backing off when the situation of my wife is worsened.

Mental Cruelty can certainly be pleaded to claim divorce from the other spouse. Under Section 13 (1) (ia) of the Hindu Marriage Act of 1955, either spouse can seek divorce or judicial separation on the grounds of cruelty, which includes mental cruelty. The husband is fully justified in living away from the wife in case he is suffering mental cruelty at the hands of the wife. A petition for divorce or judicial separation can be filed detailing each and every incident of mental cruelty. The instances are required to be specific and should be of such a nature as to be construed of causing mental agony to the husband and should not be merely day to day minor quarrels which normally take place in a married life. Going by your version you are living not ith a wife but with  monster.But if you really loved her why dont you take her for medical check up?

Mr. Disturbed Man....after reading your problem...and without reading other suggestions...i would only give you one advice...which is beyond legal logics...!! May be it sounds filmy to you...but i have seen cases like yours...and this is all because of certain lack of love your wife is sufering from, most probbly. Rather than taking your wife as mentally sick, and treating her like abnormals...kindly try and understand her problem...and give her some love and attention...remove all communication gaps between you ppl..and just talk to her without hesitation....you can cure your wife yourself, but only if you want to...and yes....you have to be patient enuf..as this wud take time...I know advising is easy then implimenting...but its your task...as you have pledged to take care of her during marraige...be a Man and support her, else you will riun your children's life, her life and ofcourse your life....but you will understand my words only if you love your wife truely...if she is nothing for you...then divorce her, and marry some one else....!!

Regards,

Sugandh

Dear Sir,

Please note that in ur case Cruelty as defined in NG Dastane v S.Dastane (1975) 2SCC326 is dvisent which is a ground for dissolution of marriage.

May be defined as wilful and unjustifiable conduct of such a character as to cause danger to life limb  or health, bodily or nental or as to give rise to a reasonable apprehension of sucha danger.

As far as the matter of condonation is concerned Sc has held in the same case that "Condination is always  subject to ;the implied condition thatthe offending spouse will not commit a fresh matrimonial offence."

Excellent Sugandh for the answer...so many law experts here....people who post question here are not necessarily becoming ur clients so y everybody gives advise which is always to break n never to unite...mr disturbedman..u r disturbed by ur wife's condition...agreed ..its not easy to live with violent person but if u wud hv luved ur wife it wudnt hv reached such a stage..no girl has guts to raise hands at their husbands until they r really really mad..n how cn u say after marriage from starting itself her behaviour was 'abnormal'//is your behaviour always normal..it just depends upon perception..nobody in this world has proper normal behaviour everytime n that includes you too....& abnormal doesnot mean psycosis...if you love your wife..shout at her even you can give her threat that you will leave her if she continues with this behaviour but after that just sit close to her n ask her why she does it n what does she want n try to sort out your differences (atleast for your children sake)...why there are so many cases of psycosis wives now a days...are our past generation females were perfect?

HI.Mr. Prabhakar is very right while sympathising towards you and your wife.I fee it's your wife who is to be sympathised.After 10 years of marriage ,it would not be right to leave her in lurch.talk to her,consult another doctor,go through some counselling..and Iam sure things would be fine......The law sure is on your side if you ever wish to seek divorce but my advice,based on humantarian grounds,is that you should first seek to save your marriage as It not only you who is going to be affected but your children too form part of my consideration......

sugandh and rajni bhatia - i appreciate advise.  fact of the matter is that i had been doing just the same to save my marriage and self in making her a normal person - have got her medically diagnised and got her treated as in patient for violent acts; but there is no co-operation neither from her or her parents and kin.  I am at the cross roads now when the violent behaviour is becoming unctrollable beyond my tolerance levels.   I do not any more want to ruin my life which I've already did for the last ateast 7 t 8 years.  I too have been thinking on humanitaran gounds and tried to change personility of my spouse to make her normal and lead normal life; when there is no co-op from either parties, i hav no option to stop this torture for the last 7 to 8 years

Recently I came across a case where one person was married for two years and his wife was taking medicine which was confirmed to be to control her mental problems.

The husband filed a divorce applicattion in the Family Court (from his residence which was their last residence) at BUXAR, Bihar.

The wife parents after coming to know few months later filed a dowery FIR at her home town where the marriage was solemnised that is Chhapra, Bihar, accordingly the Chhapra Court issued non-bailable warrants against the boy and his parents, the boy parents could somehow get bail after several months but the bail application moved by the boy was rejected and hence the boy is still absconding.

Here it is worth mentioning that as the boy is not so rich he cannot afford to go to the High Court.

The interesting part is that inspite of the Court at Chhapra being informed that a divorce suit is pending before the FIR was lodged the Court still did not consider the bail application of the boy.

SO BEWARE BOYS, GIRLS CAN STILL OVERCOME YOU IN EVERY WAY IN THE NAME OF DOWERY EVEN IF IT IS THEIR FAULT.

mr disturbedman, i understood your problem. i already gone through with such problems. you do what you feel best, under this situation. you are the best judge. from your descripttion i do not think her a person having mental problem. to some extent it is a challange to the other. i guess you have not got any such certificate, which clears that she is mentally ill.

therefore cruelty is your ground under the hindu marriage act.