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Sawaliraman (self)     28 July 2013

Is divorce an option?

I have been married for 13 years. During the first 10 years I sent back my wife thrice for her abusive behaviour. Each time she returned after a period of 9 months. Approx. 4 years back my psychiatrist diagnosed her with schizophrenia like behaviour and after her fathers consent we got her treated. 3 months later we went to her parents to attend a marriage and her father agreed to continue treatment there. Another 9 months later after failing proper treatment she was back for 3 months after which I took her back and asked them to keep her as she has no love for me or my 12 year old son and shows long distance love only when she s at her parents home. She has never cared for our son and he has grown up with me. She has been treated again there and her psychologist says she no longer has those symptoms but her personality traits remain. No interests in anything. No hobbies. Affinity to sleep. Extremely narrow minded. Work is for servants. My son is now in a boarding school in my state.

1. Who will benefit from a divorce.(she s definitely not interested)

2.Who will get child custody in such a case.

3. I or my parents have no property. I am curently being supported by my joint family. I get a salary from the family business. Her parents have land, 3 houses. 2 in cities and 1 in the village where they stay. Both families have 3 daughters and 1 son.  Can she ask for maintainance irrespective of whether we get divorced or not. 



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 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 July 2013

For divorce, you should have sufficient grounds. You will have to prove that she is suffering from the said illness even now and that perhaps you may not be able to prove. Whether you have other grounds like cruelty available to you, you will need to provide all the details, so consult a lawyer personally. Yes she can claim maintainance if you neglect to maintain her.

Sawaliraman (self)     28 July 2013

When her father was asked to do something about the situation as her returnng was not an option as she has earlier been cruel to our son, mentally tortured my parents and said that she has no love for me, he implied alimony for 40 years @ 1 lakh per year. If my salary is close to 20000/ month and 12000 out of that is spent on school fees, insurance etc leaving me with about 7000 for cash expenses how much can they legally ask for.

Sawaliraman (self)     28 July 2013

  Since its a family business I overdraw but that erodes my capital. But if alimony is involved family support for me will be withdrawn though that for my parents and son will remain.;

Sawaliraman (self)     28 July 2013

I do have 1 more pressing issue. She s been harrassing the shool office and principal regularly @ 6-10 calls a day everytime she wants to talk to my son. Now she also calls him up at his dorm and abuses the dorm parent for not giving the phone to him. She does not understand that rules state that she may only call at select timings and on select days. Now she s threatening to go and meet him in person which is fine but she might decide to take him with her. Anyway to stop her from doing so?

adv.raghavan (Advocate,9444674980)     28 July 2013

u can go for divorce under section 13 of HMA act,under mental disorder,u can call your marriage null and void if can prove your wife has this schizophrenia before marriage. in both the case the onus will be on you to prove she is not doing well mentally before and after marriage.

Sawaliraman (self)     28 July 2013

Thanks Sir. But though my psychiatrist said that the problem started at an earlier age , it peaked when she was 35 and with me. If urbanites like me and my family were unable to understand it for 8 years as the incidents were small, her parents who are as good as villagers would not have understood the signs especially as she did not stay with her family much. They still do not agree that she has a problem. Its going to be hard to prove. I have proof that she was hospitalised, was given treatment here and later in their state by 2 different doctors. But the second one says she no longer has that particular problem. Its my word against a well known psychiatrist's. It wont work. In the mean time she calls up about 15-20 times a day sometimes even though I tell her I do not wish to talk to her. Her family is no hold over her actions as she doesn't listen to anyone there. The omly people she listens to are those who never give her any advice.

adv.raghavan (Advocate,9444674980)     28 July 2013

if you are sure she had developed this problem only after marriage, it is the fittest case for divorce under section 13 of HMA 1955, based on your statements. if you can cure her with the help of good doctor please go for that also, because u have a son 

Sawaliraman (self)     28 July 2013

She showed signs of it right from the start but we didnt figure it out. I think staying alone in an unkown place- a world alien to her probably made her problem peak, but that my opinion and I m not a doctor. When I got her hospitalised I took full care of her and when I handed her over to her father I specifically gave him necessary instructions as to how she needed to be cared for. I also insisted that she needed their love but they didn't listen and she ended up going to the doctor alone. Eventually she manipulated the situation and told her family that she was cured and they stopped medication. I didnt want to go through with the kind of treatment needed all over again. So I told them to deal with her. My mother has parkinsons and cried everytime she thought my wife was coming back. During the time my wife was there she went from stage1 to stage 4 of pd in 9 months. But I can't prove anything.

adv.raghavan (Advocate,9444674980)     28 July 2013

as i said earlier file a case under 13 (1)(iii) of HMA 1955,and try to prove ur case in the court, recently we had a case of similar nature in TAMBARAM COURT, but the couples had no issue, and we had gone for nullity in that case. since in your case it had developed mostly after marriage,so u have to go only for divorce under the above said section.

 

 


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