Wife has psychiatric disorders how can I get divorce

539 votes

Strange case i must say but you have all the rights available with you provided by the constitution of india under right to life and liberty. You can file divorce on cruelity or if marriage is not consumated yet then its falls under annulment of marriage. But to prove you case you have to clarify cetain things

Advocate Manoj Kumar LawRato

702 votes

There are couple of ways of dealing with your issue. Has your wife always had this psychiatric disorder, and if so, were you aware of it at the time of your marriage? If not, then the non-disclosure of this medical condition is a ground for divorce. You will need medical evidence to establish that she has a psychiatric disorder. Filing for divorce on the grounds of cruelty is a more ugly situation. And yes, you will need to pay her maintenance unless you establish that she lured you into the marriage on false promises/representations.

Advocate Angad Mehta LawRato

702 votes

1. Medical examination can prove it that martiage was consumated tiil date or not but its a fatal for you if it is prove than you may be suffered.
2. Yes it's a cruelty due to desertion and non-physical relationship. You can file a divorce petition on these grounds.
3. Yes you have to pay her maintenance till the disposal of your case. If it is prove that it's deliberate and intensional than you can recover it

Advocate Harsh Kumar Gautam LawRato

818 votes

Answer to Q. No.1: Non consummation of marriage can be proved only through medical. But since you had nine years of marriage, it means your wife must be of approx. 30 years of age. At that age, virgin status hardly becomes out come as membrane may break for other reasons too. Hence doctor may opine non intercourse to extent of 75% only, full proof confirmation may be difficult. Polygraph is not option to prove such fact.

Answer to Q. No.2: You can go for annulment only if non-consummation can be proved. It is better to go for contested divorce as even otherwise normally we do not recommend annulment after one year of marriage.

Answer to Q. No.3: Whether you file for annulment or divorce, court may grant her maintenance depending on circumstances. Quantum of maintenance can be low or even zero but that needs detailed discussion. Maintenance is admissible even in case of annulment. That needs effective defence.

Once you file any case, there are chances that she claim maintenance, file case under DV or even for dowry harassment. Each can be defended.

Advocate Goutam Prasad LawRato