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kapil pandit (mechanical Manager)     17 November 2012

Divorce & schizoprenia

All, 

I have been diagnosed by schizoprenia in 2007 and contiue with the treatment but not hospitalised I was fairly ok after treatment. I a hindu and married to hindu wife in 2009, it was secrete that my family doctor kept away. Later after my marriage I realised this is cronic mental illness and this will be with me for lifetime. 

My wife was devasted by this and she claims cruelty with me in public . She has not filed a devorce, but how long we should continue like this. There is 25% chance that this disease will happen to our children too. 

What should I do. ? 

Thanks, 

Kapil 



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 November 2012

Unsoundness of Mind (Schizophrenia qualifies as one) is a ground for divorce under the Hindu Marriage Act

13(1)(iii) 1[ has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-

 

(a) the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or]
In addition to this your wife can file for annulment within one year of coming to know about your illness, on the ground of concealment of material fact. 
 
If your wife does not want to continue, it's better to give her mutual consent, so that you can part away with least acrimony. 
 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

kapil pandit (mechanical Manager)     20 November 2012

 

I am earning handsome per month.. What will be the cost of her maintenance and the other fees. Please explain what is least expenses and how to take it further. It is very difficult for me to give her divorce since I need some one's support for rest of life. My family is unsupported. 

Should I take second opinion from other doctor ? Prove that I do not have this illness .. Though she knows that I have this illness she was co-operative but now for last month or so she is living with her father and saying that she had teeth removed . I had 3 honeymoons with her but god's will do not have child . I separated from her almost 27 months into 3 years  marriage due to working in gulf countries (Saudi arabia. ). Here very difficult laws for women hence can not bring her with me..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

1. As you are at fault, you can not seek divorce on this ground.

2. As and when the wife would claim divorce, there are good chances that the same would be denied, as she has known and accepted you with this disease.

3. As for Alimony, if the divorce is decided mutually, the alimony would be decided mutually too.

 

 

Regards,

 

Shonee Kapoor

 

Chetan Joshi (Advisory/Advocacy)     20 November 2012

kapil....

 

 

Think about what you want to do, take your own call....

 

 

In the legal parlance,

 

 

1. You cannot seek divorce since its your fauld

 

 

 

2. This qualifies for concealment of facts as a result of which your wife is entitled seek an annullment (nullity) within one year from the discovery of such fact....

 

 

3.Mr kapoor is correct about alimony and your illness will be a not so easy ground for divorce for her...

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

ANAMIKA VICHARE (LAWYER)     25 November 2012

Now that you have candidly admitted your disease and worried too...but your wife has not filed the divorce..so why to worry if she files n wants to take decree let her take, you are earning handsomely, she would claim mantenance whatever she wants to....but the law will give her what is reasonable and due to her...whether you have children I suppose not....why u r worrying about the chilren, if born alrady or not born so far....wait for the fate...but you can still continue the marriage.. by your love, she may not go for divorce....there are many couples like this....for the sake of marriage bond, family bond, adjust with everything......


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