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Mandar (service)     18 October 2014

Mentall illness of wife and divorce

I was married 4 yrs ago. My wife had mental illness which was hidden from me at the time of my marriage. Many times there used to be quarrels between because of her paranoid behaviour due to her illness. I could not understand why she was behaving this way and getting suspicious. I came to know about her illness before 1.5 years from my psychiatrist when I went to meet him to treat my depression as that time she was asking for divorce. My doctor said she may be suffering from paranoid schizophrenia or paranoid personality disorder. I was shocked that her parents have hidden her illness from me and never ever cared to explain to me why she was being suspicious without any reason. But after few days she called me back and came back to me and also I decided to continue with this marriage just that I do not have to face embarrassment in society due to divorce.  

My wife has left me from past 4 months and she now wants divorce with mutual consent. I am not really ready for divorce but think that I would have to this time.

Currently I do not have any proofs or her reports with me that she was undergoing treatment even before marriage. But I have met her psychiatrist and she also confirmed that she has paranoid schizophrenia and she was ready to provide her reports in court if required. 

I have below queries-

1. Do I have to pay alimony even in case of mcd and especially since her mental illness was hidden from us?

2. Can I file case against her parents for hiding the illness from us?

3. How many months will it take for mcd?

4. Do I have to give her the jewellery which my family had brought for her?



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 2 Replies

reeti shah (lawyer)     18 October 2014

You don't have to pay alimony in mcd but though she can ask for thr same and mention in mcd petition You can file a case against her parents but it would be better you don't as unnecessarily it will affect on mcd. It will take one year for getting mcd decree You don't have to give the jewellery to her Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

Laxmi Kant Joshi (Advocate )     18 October 2014

Go for mcd , for that you both have to make your joint mou in which you both will write on which points you both are agree , hire a good lawyer for it he will do favourable, divorce through MCD it will take at least six months after filing .

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