Originally posted by : Ranjan ....
	Dear All, I need suggestions in terms of finding the right alternative. Background: I got married 3 years ago and after a year’s time realised that the girl is schizophrenic and the mental illness of the girl was deliberately concealed by me before marriage. Then, I filed a divorce petition in the family court 2 years ago on the ground of cruelty and schizophrenia. The case is still going on in the courts. Family court has granted an interim maintenance of Rs40,000/- per month and I have challenged the decision in High court. The case is pending in high court from last 6 months.  Current state: I currently stay in London and it is becoming difficult and infeasible for me to follow up the court proceedings. Given the pendency of cases in our Judiciary, I am no more willing to contest the case and want to withdraw the divorce petition filed by me. I would prefer being legally married Very good thought.  Do like this, you will save lot of money! For there are many a members on this site who simply keep singing songs of justice etc and have become fighters for nothing.   than divorced as I do not see the case getting resolved any sooner. Just the lawyers on both the sides are making profits and both the parties are losing. I spoke to the opposite party but they are under the provocation of their lawyer and are not agreeing for mutual settlement.  This case is leading me to nowhere except the sheer wastage of time and money. Decision points: I wanted to know the consequences of withdrawing the case. Will the judgement of Rs40,000/- per month as interim maintenance be still applicable? Yes it will still be applicable, you will need to pay alimony, arrears too.  If you fail warrant will be issued and you will be deported and go jail.  YOu will stay in jail till you clear dues. If you dont get caught NBW will be issued.  If you get caught on NBW, no bail for you.  So please be careful regarding this. What can we expect the move of opposite party which can be problematic for me? That she alone can tell, another person can tell, which is you, but you too are blank I suppose.  This is a kind of astrological question.  You have to adopt a wait and watch approach regarding this. Need to know the legal consequences before taking a right decision. You can just withdraw the case, but what if her lawyer suggests to file some more cases or what if she comes back to you and then files some more cases on you, you will be in hell more than you are now. If she has filed any other maintenance case they will meet their natural end when trial will be over of those cases.  You will keep paying money as long as you both are not together.  Any inputs around that will be helpful. Thanks much! Regards, Ankur

What I feel is one step forward and two steps backward is doomsday waiting for you.  You wont be able to live together, but still will remain married.  What use of such married life?  You think.  Marriage will not serve its purpose.  ANd divorce too you are not letting it serve its purpose.

When you have decided to break away, break away.  Everything can be bought with money when it comes to divorce matter.  Raise the table, they sure will agree and let you go.

Please visit my profile page to convey thanks.  

https://www.lawyersclubindia.com/profile.asp?member_id=84464

It might be true that your wife is schizophrenic. But it is not right reason to ask court for divorce. Your advocate has faltered in the first place itself. Anyway as you have decided to withdraw your petition of divorce, withdraw it and file it again, but this time take ideas from me as to on which grounds to ask divorce, so that you need not pay money to her and also get divorce easily. Think about it before taking any decision. You can change advocate and speed up the divorce case and get divorce in another year if you catch hold of good advocate.  See how it works.

Please convey thanks to @ Helping Hand ! on his profile.

1)You should not withdraw divorce case . you should change advocate and try to speed up divorce case.2)Yes, the judgement of Rs40,000/- per month as interim maintenance be still applicable. 3)Opposite party can file as many cases as her lawyer suggest on you. 4)If you have money then best way go MCD pay one time alimony and get rid of her forever. This way will save your time. Or you can start live-in in London

@ Author before you read my reply please give a like to our dear friend Helping hand on his profile on LCI now that he has developed a carving for likes on his profile, i wish to see him as the next featured member on LCI .

@ Helping hand here i come singing my lullabies 

Temporary ill-health including schizophrenia, a mental illness, which is curable, cannot be a ground for divorce under Section 13 (1) (iii) of the Hindu Marriage Act, the Supreme Court has held.A Bench of Justices G.S. Singhvi and V. Gopala Gowda, quoting Vedic scripttures, said, “Under Hindu law, marriage is an institution, a meeting of two hearts and minds and is something that cannot be taken lightly.”

Marriage is highly revered in India and we are a nation that prides itself on the strong foundation of our marriages, come hell or high water, rain or sunshine…” The partners “must weather storms and embrace sunshine with equanimity. Any person may have bad health, this is not their fault and most times, it is not within their control, as in the present case [in which], the respondent [Kollam Padma Latha] was unwell and was taking treatment. The illness had its fair share of problems. [But] can this be a reason for the appellant [Kollam Chandra Sekhar] to abandon her and seek dissolution of marriage after a child is born out of their union?” Their marriage was solemnised on May 31, 1995 in Kakinada as per Hindu rites and customs.Dr. Chandra Sekhar’s appeal is directed against the September 28, 2006 common judgment and order passed by the Andhra Pradesh High Court, setting aside the judgment and decree of divorce granted in his favour by the trial court. The High Court held that there was no positive evidence to show that the respondent had suffered from schizophrenia and even if she had suffered from some form of schizophrenia, it could not be said she was suffering from such a serious ailment. “Schizophrenia is a treatable, manageable disease, which can be put on a par with hypertension and diabetes,” it said after examining evidence.

@ author

i agree with walk alone and partly with helping hand

Options

MCD or live in relationship are only options available to you .When you are away normally you are going to be fleeced .Consult  your case with another 3-4 reputed advocates and  seek on what grounds the present petion of cruelty would stand on the floor of the court and than decide accordingly of changing your advocate.    

 

Originally posted by : stanley
	@ Author before you read my reply please give a like to our dear friend Helping hand on his profile on LCI now that he has developed a carving for likes on his profile, i wish to see him as the next featured member on LCI . @ Helping hand here i come singing my lullabies  Temporary ill-health including schizophrenia, a mental illness, which is curable, cannot be a ground for divorce under Section 13 (1) (iii) of the Hindu Marriage Act, the Supreme Court has held.A Bench of Justices G.S. Singhvi and V. Gopala Gowda, quoting Vedic scripttttures, said, “Under Hindu law, marriage is an institution, a meeting of two hearts and minds and is something that cannot be taken lightly.” Marriage is highly revered in India and we are a nation that prides itself on the strong foundation of our marriages, come hell or high water, rain or sunshine…” The partners “must weather storms and embrace sunshine with equanimity. Any person may have bad health, this is not their fault and most times, it is not within their control, as in the present case [in which], the respondent [Kollam Padma Latha] was unwell and was taking treatment. The illness had its fair share of problems. [But] can this be a reason for the appellant [Kollam Chandra Sekhar] to abandon her and seek dissolution of marriage after a child is born out of their union?” Their marriage was solemnised on May 31, 1995 in Kakinada as per Hindu rites and customs.Dr. Chandra Sekhar’s appeal is directed against the September 28, 2006 common judgment and order passed by the Andhra Pradesh High Court, setting aside the judgment and decree of divorce granted in his favour by the trial court. The High Court held that there was no positive evidence to show that the respondent had suffered from schizophrenia and even if she had suffered from some form of schizophrenia, it could not be said she was suffering from such a serious ailment. “Schizophrenia is a treatable, manageable disease, which can be put on a par with hypertension and diabetes,” it said after examining evidence. @ author i agree with walk alone and partly with helping hand Options MCD or live in relationship are only options available to you .When you are away normally you are going to be fleeced .Consult  your case with another 3-4 reputed advocates and  seek on what grounds the present petion of cruelty would stand on the floor of the court and than decide accordingly of changing your advocate.

Arey why are you suggesting live-in? He go jail under 375. Let him be free atleast, isnt it?

@ Helping Hand 

1. The author of the Post wants to be legally Married which is not possible with out Divorce . 

2. He states that they are not ready for MCD .

Hence only option is Live in relation ship that too it should be without even having a Kid .If he produces a Kid that all sections will apply like IPC 497 Adultery , IPC 375 Rape and all this can be proved if the DNA of the KID is proved . 

3. If he Marries with out Divorcing First wife than IPC 494 applies Biagmy .

 

 

 

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