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bpmishra (sd)     28 May 2011

divorce

1) Husband( H)   and Wife( W ) married since 1993.

2) they have only son who is 15 years old.

3) husband is central govt employee.

4)husband was diagnosed with brain tumour in 2005.subsequently he was treated for that and now he is completely ok.(both physically and mentally). HE IS GOING TO OFFICE DAILY.

4) But Husband is exhibiting "DELIBERATE / INTENTIONAL MENTAL ABNORMALCY". AT HOME. SINCE LAST 3 YEARS.

5)Wife is in charge of giving him medicine for his maintenance health everyday 3 times.

6)Wife wants to get divorce from him by safely handing him over to his (husband's)family members(brother,father).WITH  THE HELP OF LAW.

7)HUSBAND'S FAMILY MEMBERS(BROTHER,FATHER SISTER) ARE WELL AWARE ABOUT HIS WRONG DOINGS. SO THEY ARE NOT TAKING HIM TO THEIR HOMES.

8)SIR PLEASE GIVE YOUR OPINION WHAT TO DO LEGALLY. IF YOU WANT ANY FURTHER INFORMATION I WILL PROVIDE YOU.THANK YOU .

                                                                            B.P.MISHRA



Learning

 3 Replies

Tajobsindia (Senior Partner )     28 May 2011

@ Author

1.
Having “brain tumor” is not assumed as “matrimonial wrong doings” as per various personal Marriage Laws of the land!
However, if there are series of wrong doings done by the husband which his wife can comfortably prove before the concerned Court then Court will in due process grant a divorce and after decree in divorce proceedings the wife shall not have a "guilt feeling" attached as to whom to handover ex husband as her matrimonial bond is severed with decree sheet! It seems the brief presented to us has more ingredients than what we are able to plain read herein. However do consult as in-chamber in your area jurisdiction a ld. Advocate if you want to maintain privacy of information of parties publishing in open end internet forums!!!!

 

Saurabh..V (Law Consultant)     28 May 2011

@Tajobsindia

It's not about mental wrong doings but about mental disorder which could be accepted legally. When any behaviour is accepted by the court as mental illness is becomes the ground for divorce. However, the gravity of such illness plays a pivotal role in its decision.

 

Having said this, I do not understand, how is this lady (W), withstanding this guy since 3years and now suddenly she has woken up to light and wants divorce.

 

Anyways, my point is that the petitioner while filing for divorce must confirm the applicability of any of the grounds as stated in hindu Marriage act, and court, after examinig the situation might award a dicorce in the petitioner's favor.

 

--

peace

Saurabh.V

Tajobsindia (Senior Partner )     28 May 2011

@ Dear Sir

BRAIN TUMOR is not "mental illness and or even mental disorder" by even stretch of wild imagination of a MBBS Semester Ist. student ! Kindly donot open brief so as you have done in opening para. Study basics of medical at least before partially countering me in medical matters atleast.  

 

 


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