Paranoid schizophrenia

Your apprehensions are right.

 

You have posted about aggravated unsoundness of mind and intolerable behavior and seem to have tried to pull on for quite long time.

You seem to be having some record and seem to have read about getting divorce.

The degree of unsoundness of mind/mental disorder may have to be proved and to the extent that spouse cannot be reasonably expected to live with.

You may still, prefer to approach a very able counsel specializing in such/family matters with all record that you have and understand the way forward, merits, options etc....... 

 

Rest is upto you.

 

 

 

 

@ Kumar Doab: Here it is not the husband who is seeking divorce. His question is whether the wife can seek divorce on the grounds of extra-marital affair or impotency. In a normal case she can get divorce if the things are proven. It may be that in her own interest she should not seek divorce. But only a court can decide taking into account all things. There are two contradictory things here. One is extramarital affair and/or impotency, if proven and the other,  the unsoundness of mind of person seeking divorce and hence whether she is capable of deciding things for  herself.

@ Dr. MPS Ramani,

I concur with you.

If her medical condition diagnosed earlier, and currently, and  after treatment on record, establishes that hse is of unstable mind and afflicted with  'Paranoid schizophrenia ' as confiemed by querist, then her statement might be construed, accustations, due to her unstable mind, that is unable to decide for herself.

 

Certainly the allegations shall have to be proved.

 

 

There is no way by which you can restrain your wife from initiating any kind of proceedings against you. However , if she intends to establish certain grounds for cruelty, she will have to establish the same based on cogent evidence. The same shall have to be substantiated with proper and effective proof. Otherwise it would be pointless for her.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

First of all I really want to salute you brother. You are good husband. Inspite of knowing your wife mental condition you dnt want divorce. She can file if she want. But she will also have to prove her allegation with evidence.

As you do not want and she wants divorce, she will have to go to court. In your response you deny her allegations and contest her evidence. You can also say that in her mental condition she is not capable of understanding what would be good for her and in her own interest, as a good husband and on humanitarian grounds you do not want to divorce her. You can also say that no one will look after her as good as you would. Is there any truth in her statement that you are impotent and not capable of begetting a baby?  If so you can have baby with you yourself as father through artificail insemination. The procedure is very simple. If she is not getting s*x from you that could also be the reason for her mental illness. The problem should be addressed from that angle also. You will have to suggest that to the psychiatrist. If either of you have any other fertility problem you should consult an expert. Not having baby and not having s*x can also result in psychological problems especially for women. If she gets a baby her attention will be turned towards the child and that could have a salutory effect on her mental health.

The Urologist/Andrologist can opine whether the man is impotent!

You may go thru:

https://www.lawyersclubindia.com/forum/Whether-husband-is-entitled-to-get-divorce-on-ground-of-crue-140692.asp

 

Hi Sam, sorry to know the state of affairs in ur marriage from last 7.5yrs. Understanding the state of mental illness of ur wife, nothing will change if u continue with the marriage unless she takes her medicines and psychological counselling sessions regularly. She will keep blaming you for her faults and cry foul. Despite all your efforts to save the marriage things are turning from bad to worse. So you need to decide whether u want to divorce her ?

 

Ur wife can ask for divorce by making any allegations like adultery/cruelty /impotency/un-natural s*x/DV/498a or for that matter even claim that u wanted to kill her, however she will have to prove that in the court. And what happens if shes unable to prove ?? then u either take her back (ur choice) or u file for divorce.

If ur wife files for divorce the case will drag for many years however if u have sufficient medical records as evidence, then u can proceed for divorce which will be relatively easy for you considering the serious nature of illness and evidences you have gathered of ur wife. Also whether u file for divorce or ur wife files, remember u will have to pay her maintenance/one time settlement (assuming shes not working anywhere nor capable to earn)

 

So please weigh all the options carefully and then decide. All the Best !

@Born fighter: One should not give an advice that is not sought. Rather one should take a humanitarian view. The condition of the wife is such that she will need a keeper allthrough her life. Who can be better than her own husband? And the husband is all too willing. Let us not disturb that. Further she does not have a child. Only her husband can give that. When the child grows up he or she will have consideration and natural affection towards the mother. At least we should think that way. If she is divorced and thrown out who will look after her?

@ Dr MPS, Firstly the querist no where says he is not willing to give his wife divorce. He has narrated facts wherein despite all his efforts to provide help/support his wife is unable to live in harmony.In fact u r trying to influence other experts views by insisting on this point.

Secondly , whether its me or you.....we can provide our views based on our experience/knowledge on the subject. I have myself dealt with such a person suffering from paranoid schizophrenia so can understand the turmoil that the querist is going through.

Thirdly i have not insisted the querist to go for divorce but have given him a fair picture of reality (based on my views/experience ) and asked him to weigh all the options and take decision.