Can I get divorce from my wife

709 votes

In the yerar 2011Supreme Court held that a husband or a wife is entitled to divorce if either spouse is found to be mentally unsound or indulges in cruelty, the Supreme Court has held.

A bench of justices P Sathasivam and BS Chauhan in a judgement said under Section 13 of the Hindu Marriages Act, either of the spouse can seek divorce, provided sufficient evidence is placed to justify the claim.

The apex court upheld the appeal of Pankaj Mahajan, challenging the Punjab and Haryana High Court`s refusal to grant him divorce despite producing medical and other evidence to prove that his wife Dimple suffered from schizophrenia and
subjected him to humiliation, assaults and threatened suicide.


The high court had refused to grant him divorce and quashed the decree of divorce granted to him by a matrimonial court in Ropar district.

"Without proper discussion and adequate reasons, the high court rejected the evidence of the appellant-husband as PW-4. A perusal of his evidence clearly shows the agony and treatment meted out immediately after the marriage due to
mental disorder, unsound mind of the respondent-wife.

"From the materials placed on record, we are satisfied that the appellant-husband has brought cogent materials on record to show that the respondent-wife is suffering from mental disorder, i.e., schizophrenia. From the side of the appellant husband, various doctors and other witnesses were examined to prove that the respondent-wife was suffering from mental disorder," Justice Sathasivam, writing the judgement, said.

The couple got married at Amritsar on October 2, 2000. But within one-and-a-half months, Pankaj found Dimple behaving abnormally, as she used to suddenly get aggressive, hostile and suspicious in nature.

In a fit of anger, she used to threaten suicide and implicate Pankaj and his family members in a criminal case, unless she was provided a separate residence.

Even after the couple shifted to a separate home, herstrange behaviour continued and she attempted suicide by jumping from the terrace but luckily was saved by Pankaj.

She insulted and humiliated him in front of his colleagues and relatives several times and on one occasion she pushed him from the staircase that caused a fracture in his right forearm.

Later it came to light Dimple had undergone treatment for mental illness and schizophrenia prior to the marriage.

Upholding the husband`s plea, the apex court said, "The acts of the respondent wife are of such quality or magnitude and consequence as to cause pain, agony and suffering to the husband which amounted to cruelty in matrimonial law."

Advocate Minansu Bhadra LawRato

844 votes

Yes you can get divorce on the ground of psychopathic disorder of wife having a low IQ while that of normal person should be at least 90, not possible to lead a happy married life with spouse with diminished IQ, and not possible for psychologist and psychiatrist to cure such cases. Refer to judgement of Nagpur bench of Bombay High Court.

As regard to the length of time to get the divorce final: - A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months. It totally depends on the nature of case and willingness of the parties for divorce. Every case is different, thus every case takes its own time to complete. There is no time limitation mentioned in law to complete with the case. Beside the matter does not stop here,

Chances are if you send back you wife to her parental house, they may file a criminal case 498A and dowry against you and your family. So don't send her back to her parental house, file a divorce petition in the court and get the ex-parte and wait for a couple of months may be a year would be wise and after that send her back to her parental house. In that case, their hands will tied although they may approach the court to set aside the ex-parte order but you will have a chance to contest then, without any fear of 498A provision.

Advocate Robert D Rozario LawRato

624 votes

hallo. From your query it is understood that when you got married .. So if you are wishing for divorce you can file the petition... provided after one year of the marriage. You can file the divorce petition on the ground of mental cruelty.

Advocate Sindu R Kurup LawRato