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Vidya R Menon (Officer)     17 October 2010

I want to come out of this marital relationships

I dont know how to tell my problem. I got married one year before. After marriage me and my family come to know that he is having bi-polar disease and very high depression. he cant go for work. Now his condition is worst. Because of his depression he joined in a pentacost sabha and not staying in home. i am working in bangalore. I have undergone lot of mental tortore. ai want to come out of this relationship. But now he is telling like there is an ainment in his belief that whatever he says that will happen it seems. and he said one day i will become mental and he will give divorse. is it possible to get a divorse without his signature or please give me some advise. I am in a stage of dying. Please help me



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 9 Replies


(Guest)

Could you put your case much more in detail as this information what you have provided is not sufficient in providing any kind of advice?

chanakyam (Consultant)     17 October 2010

What i understood from you is that, your husband has pshychiatric issues. What is your husband profession?  When did you come to know about this desease? immediately after marriage?  Do u have any medical proofs that he has mental disorders?  please provide the details


(Guest)

Since your man is mad, u can get married.


(Guest)

meet an expert lawyer, u can be out of it very easily depending on facts of case.

Adv. Samar (Advocate)     18 October 2010

if he was psyche before marriage than you need to go for nullity of marriage, and if he became later file suit for Divorce alongwith criminal case against him and his family.... dont let them go...dont think about suicide.. its not solution....

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 October 2010

divorce is the only relief for you

Vidya R Menon (Officer)     18 October 2010

Hi all,

Thank You so much for your time. I got married when i am 18 years old. And my husband died in one year. Four years after i got married to this person. for him also his is second marriage. After his first wife left him and went his disease has started nearly 11 years ago. His parents just told us that he got divorce because of that he had a small depression . After marriage only we come to know that he is nt at all well. when he was in london with his brother police arrested him and remanded him in a mental assilum and s many problems like this. Now he is movving in a christianity way. even his parents couldn't control him. His mother said you cant prove him as a mental but if u want a divorce you can prove that he has moved as a christian believer. I am 23 years old now. I dont how much more difficulty i have to face in this life. He is 34. My parents are trying to meet one advocate. But he is roaming all over the world with some of his pentacost friends. If he is not coming back then how will i get divorse. Please advise me please


(Guest)

 

Dear Vidya R Menon,

 

 

Don’t Worry.Yes,the whole case is in your favor.First of all he cheated you as conceal the information before marriage  i.e. bi-polar disease and also has ceased to be hindu by conversion to another religion

13. Divorce of Hindu Marriage Act,1955

(1) Any marriage solemnized, whether before or after      the commencement of this Act, may, on a petition     presented by either the, husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(ii) Has ceased to be a Hindu by conversion to another     religion.

So, conversion Is it good ground for divorce .You also have a ground that your husband and her relatives have cheated you as they hide the information about disease. Hire a good advocate and your problem will be solved easily.

 

Divorce ground ; Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.

 

 

Under Indian Divorce Act, 1869.

  • Adultery
  • Conversion to another religion
  • One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.
  • Not been seen or heard alive for the period of seven or more years.
  • Failure in observing the restitution of conjugal rights for at least two years.
  • Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.
  • Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

 

 

 

 

 

 

 


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