LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sun shine (edu)     28 May 2010

legal hassle

my question is addressed to esteemed lawyers. please tell me the repurcussions if the wife develops scizophrenia

after marriage.

should the wife inform the husband?

currenly i am under treatment and responding well.

thanks in advance



 2 Replies

Guest (Guest)     28 May 2010

Please do not be in agony.  Your question is a tricky one.  Even then, I try to answer it.  If I am wrong, I request other members of this club to correct me. 

If your question limits to - "should the wife inform the husband".  Yes. in normal circumstances, if healthy relationship exists between them, every problem has to be informed and discussed and solution has to be found out between the couple.  This is the moral responsibility and no law has put such liability on both the partners. 

But, by asking this question, the doubt arises in our mind, that husband may not take this issue in right spirit and he may volently react and further he may proceed to file a divorce petition.  If our doubt is correct, then about  the legal position, my view point is as follows;

A person is entitled to divorce if his/her spouse - "has been incurable 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:

the experession "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and INCLUDES SCHIZOPHERENIA:"

Now, in this case, it is not incurable unsound mind" as you are saying that it is being cured. If this disorder is not violent in nature and the the situation does not warrant the husband to fear of his life and limb, he is not entitled to divorce decree. 

Hence, my concluding suggestion is:

If the husband is cooperative, inform him.

If he is not cooperative, do not inform him.  But take treatment and in a short span of time, the disease will be cured.  If he institutes divorce proceedings, by the time when the proceedings reach the crucial time, the disease may disappear and the court may decline the divorce.

  

1 Like

Want Kid Back (Sr.Management)     28 May 2010

Agony,

I agree with Prabhakar. Hasty disclosure can be really damaging in the situation you currently are in. So as suggested, get treated and then return to your matrimonial home.

WKB

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register