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krish   26 September 2015

Divorce on grounds of epilepsy

wife epileptic since childhood. her ailment disrupts my stidies and career choices, incurs medical expenditures resulting in poor or nil progress materially. now illness turns into sort of mental disorder creating havoc for me and children to carry out any progress or activity. what can i do to get out of the situation legally. can i sue my in-laws for marrying a sick woman and ruining my peace, progress and prosperity.


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 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     27 September 2015

RUINING 3 P's,PEACE PROGRESS AND PROSPERITY .SINCE HOW LONG HAVE U BEEN MARRIED.

prabhakar advocate (advocate)     27 September 2015

Incurable mental disorder is the ground for divorce.  Knowing she is suffering from epilepsy, you sired children.  After that if you want to abandon her,I do not think the court will take it kindly and grant you divorce. Where would the hapless woman go leaving away her own children and husband?

K.S.Srinivas (Advisor (HR))     27 September 2015

Epilepsy is not a disease it is a condition. It can be easily controlled, treated and curable. 

On the ground of epilepsy, it is difficult to get divorce.

krish   27 September 2015

Thanks a lot all of you. Married for 19 years but was counselled by my in-laws family physicians the condition (epilepsy) gets cured in 3-5 years which has not happened. Now neurologists say in some persons it is a life long condition. Then in-laws try to blame me for her condition citing my busy life(defense personnel) and disturbed pattern of postings.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 September 2015

It would be inhuman to get rid of her at this stage and search for greener pastures of new marital life.have U ever analysed the future of Ur children?

krish   27 September 2015

I also think on these lines but the situation is my wife herself curses me for lack of material progress where as in fact I had to sacrifice some very promising opportunities due to her illness. Then she's not at all active in either running the household or nursing the children. The house is totally chaotic and in-laws instead of helping it sort out are engaged in a blame game. Then I m not searching greener pasture by seeking new married life but only trying to save the children from a disturbed atmosphere by retaining their custody and arranging hostel accommodation and in-laws need to take care of their daughter. I would be grateful for any sort of suggested solutions.

T. Kalaiselvan, Advocate (Advocate)     03 October 2015

As suggested if the mental disorder is incurable it can be a ground for divorce but not epilepsy especially after 19 long years of married life. 

You may think of dropping her at her house but you must understand that despite the prevailing chaotic atmosphere at home, you have been living with it by making some or the other alternative arrangements. If you have arranged hostel accommodation for your children, you are left with ample time to take care of her illness then why you too indulge in the blame games like her irresponsible parents.  In fact after she was married their responsibility about her has been handed over to you, now it becomes your duty as a husband to take care of her.  

As rightly pointed out by learned advocate Mr. Prabakar, where would the hapless woman go leaving her own children and husband at this state of her health?  What is your opinion on this? What else you think you can do because you have endured the 19 long years of tiresome marital journey, you may have to continue with the same status cursing your fate or decide about the relief at the cost of the future of your children. 

krish   03 October 2015

Thanks a lot esteemed advance sir. I don't want to abandon her at this stage and would continue to endure the situation despite her own maltreatment of me for the sake of innocent children. But isn't there any justice for my suffering for all these years and sacrifice of some very cherished career opportunities. I need to have a caretaker whole day to look after my wife in my absence which again is a herculean task to manage. I am suffering financial losses. Almost half my annual income is spent on her illness and management. I have lost social contacts and faring badly professionally too as the tension is wighing heavily on my mind. Can't I sue my in-laws for the financial burden all these years and in years to come. My inlaws are kept mentally captive by their other daughters to shun my wife totally so that their share is not affected in the wealth. My in laws don't have a son but only six daughters.

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