married to unsound mind

File divorce petition under mental disorders 13 section of HMA

but doctor is not saying she is she noncureable.
even in general talking you can not guess that she is mental patients

You may stay with her if you want and if you want divorce then you have to file divorce petition. You only have to decide.

First collect the audio, video evidence of her behaviour and cruelty. Then every other option fails then as per your wish file divorce

As per your illustrated query!

At first, you need medical evidence to prove the fact, that she has been incurable of unsound mind or has been suffering continuously, or intermittently from a mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

If you don't have evidence to support the plea such plea may be dismissed, therefore to ascertain the fact you need strong medical evidence.

However, if you want to dissolve your marriage, you may take the ground of
"unsound mind" under section 13(1)(iii) of the Hindu Marriage Act, 1955


Unsound of mind as a ground of divorce has the following two requirements-

The respondent has been incurable of unsound mind.

The respondent has been suffering continuously or intermittently from a mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.


Hope it clarifies the issues!
Regards
Minakshi Bindhani