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(Guest)

Mental retardation can be a ground of divorce in india

Wife is Mentally Retarded, psychometric testing repost show that IQ is extremely low 63%, suicidal, aggression & assaultive behaviour. Harassed me in public by our local party office and police without ant valid reason, false allegation. 
Left home without any reason and return with police protection after 2 month RCR filed by me. Now stay at my home but refusing to have conjugal life. Commit suicide and already try the same 3 times. 

Though RCR not cancel yet, how can I get divorce on this above ground in india.



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 December 2013

Low IQ is no ground for divorce. You have already filed for RCR which shows that you are ready and willing to cohabit with your wife. If her behaviour i.e. assauting, suicide attempts, no conjugal relations etc., is causing harrassment to you then, mental cruelty can be a ground for divorce in your case. But first withdraw the RCR if you want to proceed for divorce.


(Guest)

Hello Madam,


But at the time of Divorce after cancel RCR how to proof on court that "no conjugal relations" as this is not possible to proof it with document. On court If she deny my allegation "no conjugal relations".


All other mental cruelty  gorund can be provable but how proof "no conjugal relations" on court ??


(Guest)

After withdraw the RCR if she file 498A then can I get "anticipatory bail" to showing previous RCR.


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