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Wife mentally sick, not wiling to take medicines. What should i do?
27-Aug-2023 (In Divorce Law)
My wife is mentally sick and she is also not wiling to take medicines for the same or consult a doctor. What can i do in such a scenario? Can i force her take medicine or can i divorce her on this ground?
Dear Sir,
It is advisable that you all take medical help may be a psychiatrist who can help get with taking medicines.
Cruelty is a ground for divorce. if you think that her behavior by not consuming medicines is cruelty for you...then you can divorce her on that ground.
It is advisable that you all take medical help may be a psychiatrist who can help get with taking medicines.
Cruelty is a ground for divorce. if you think that her behavior by not consuming medicines is cruelty for you...then you can divorce her on that ground.
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You can file for divorce under Section 13 of teh Hindu Marriage Act. For attracting section 13(1)(iii), either of the following two conditions have to be fulfilled.
1. The respondent should be incurably of unsound mind.
2. The respondent should have been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably by expected to live with the respondent.
So far as the second condition is concerned, you will have to prove two elements, namely, mental disorder and at the same time that the disease must be of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
So, proof of one element is insufficient to grant a decree.
1. The respondent should be incurably of unsound mind.
2. The respondent should have been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably by expected to live with the respondent.
So far as the second condition is concerned, you will have to prove two elements, namely, mental disorder and at the same time that the disease must be of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
So, proof of one element is insufficient to grant a decree.
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Adv. Mishika Singh
Delhi | 100+ Answers
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You cannot force anyone to take medicine against the person's will. However mental illness or unsound mind is definitely a ground for divorce under section 13(1) of the Hindu Marriage Act, 1955. It is advisable to approach an advocate and go for a contested divorce on the ground of unsound mind in the appropriate court.
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