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Harassment by a mentally ill wife after divorce
17-Sep-2023 (In Criminal Law)
I am 40 year old father of two. I have filled for Divorce. My wife is mentally unstable and has proven to be an incapable mother. Her Habeas Corpus was dismissed by Honble High Court citing that it would be traumatic for the kids if she has custody. She approached double bench and currently has visiting rights, which I agreed with think that she would have changed. To my surprise, During this time also, there are two instances of harassment to the kids, which I have evidence for. How should I proceed as this is getting very uncomfortable for the kids?
You can move an application with Guardian and wards Court citing your reasons and seek appropriate orders in this regard. However, in my opinion considering that your divorce proceedings are already going on you should better opt for mediation and settle your dispute once for all.
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Adv. Gaurav Pathak
Chandigarh | 100+ Answers
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It is not clear that you have got divorce or it is still pending in Court of law. There can be settlement about visiting rights and limitations during settlement for divorce and it appears that your divorce is pending. Since your petition for visiting rights is pending with Court of law, you can raise the issue and the same shall be settled. However in other case, you can call the police and women cell for the same but onus shall be on you to settle the matter as mentally ill wife is a liability of fit husband.
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Adv. Rajiv Sharma
Chandigarh | 100+ Answers
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You have to be more specific with your query. If there is any threat to the children's emotional or physical well being due to their being touch with the mother then you may move court for no visiting rights. For this purpose you will have to prove your allegations and also prove her mental incapabilities with medically.
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Adv. Kiran Kauchhur
Chandigarh | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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