Want divorce from mentally disturbed wife,her parents not ready for it

675 votes

How can you prove that she is mentally disturbed. Any correspondence has been done between you and her family from last 2.5 years. Or By consent she living with her family.

Any criminal case is pending before court of law.

In this you can file divorce petition (separation ).

Advocate Swapnil Harihar Patil LawRato

580 votes

It may take more than 1 to 2 years if it going into litigation. It was may get in 6 months also if you are doing mutually. But as you are saying they are not agreeing we have to file a divorce petition before the competent court and have to prove that she is not mentally sound. for more guidance kindly call me on my number.

Advocate Dhananjay Ravikant Gangawane LawRato

709 votes

Mental disturbness is itself a ground for divorce, do one thing hire a competent lawyer and file a petition under section 9 of Hindu marriage Act for nullity of marriage before the Hon'ble family court in district you are reading, the court will pass the decree of divorce in ur favor.
Thank you.

Advocate Sushit Kailash Soni LawRato

512 votes

Sir,
In case your wife is not willing for divorce by mutual consent than you will have to file a
divorce Petition seeking Divorce under the appropriate section in the proper Court and you will have to prove that your wife is mentally disturbed to an extent that you are unable to co-habit with her

Advocate Sulbha Deepak Chipade LawRato

896 votes

You forgot to mention whether you are a Muslim or a Hindu... If u are a Muslim, you can give divorce to your wife in written form which will also be an evidence for the future happenings But prefer talak ul sunnah rather than talak ul biddat ; i.e do not pronounce triple talak at once because it is a biddat That will be enough, initially If you are a Hindu, you are supposed to file a petition for judicial separation in the SPL. Court for Matrimonial cases and as pertaining the grounds that you mentioned earlier such as insanity and 2.5 years desertion; there is utmost probability that the judgement will be in your favour and you will get divorce. This matter will most probably take the maximum time of 1 year and will cost Rs. 20,000/-

Advocate Irtiza M Salaria LawRato