Sam 01 February 2016

Divorce based on mental illness

Hi,

My wife is suffering from paranoid schizophrenia (bipolar disorder) and she is currently admitted to a local Psychiatry center. This is the second time she has been admitted (last year for a month due to neighbor disturbing her all the time). Earlier also, we were living at some near by rental place and she had a fight with the upstairs neighborhood (Feb 2014). Even while hospitalized, she called police to lodge complaint against hospital / me (not too sure) that she was forcibly bought here and doctor told she is a patient last week itself.

Every time, I become the culprit despite the fact that I do not even know these neighbors and she end up lodging a police complaint against me that she needs divorce and everything is because of me. It has been 7 years of our marriage and for the last 6 - 6 1/2 years, we have been living in rental units at different locations with on and off hiccups in our life.

Can I do something to protect me and my family, since she has some suicidal tendency and is admitted. Also, what all false cases she can lodge against me and how can I overcome these cases? For divorce, I am still in dilemma and have always given a chance to our relationship.

Please help.

Thanks!
Sam

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1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 February 2016

It is good to see the fact that you are still contemplating giving the relationship a chance despite the fact that she is suffering from such issues. Your benevolence commands respect. Hope things work out, whichever possible way, for the better.

As far as cases are concerned, I thinl like any other self respecting person, your primary aim shall be to protect your parents asapo. Hence try and minimalise all contact between the girl and your parents. Whavetevr correspondence rrequired ought to be done by/ through you. In addition to that file an injunction suit on behalf of your parents ( whosoever is the owner of the suit property) restrainign ther girl from entering where they stay.

And if at all you are sure of it, then file a divorce case asap.Early approach to courts shall help you in thew long run, in the evntualityy of her filing a criminal case/ a case of domestic violence.

I personally feel that you may condonce her behaviour once or twice, or maybe even a nu,mber of times but then there is a limit to everyone's patience and it is bound to run out eventually in case the situation prolongs. Dont take my words to indicate that you should not try and save the marriage and rush in for a divorce. But in my experience of dealing with over 50-75 matrimonial disputes, sympathy and apathy can never replace love. The very fact that you had to ask a question on these lines on a legal forum ,speaks volumes of how tensed you are. I dont know whether you can keep up with this forver,. Having said that, I hope all works out well for both of you.,

Augustine Chatterjee, ADvocate & Solicitor at Law

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