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Can wife file divorce on basis of mental disorder of husband?
09-Nov-2023 (In Divorce Law)
HUSBAND IS GETTING TREATMENT FROM Institute of Human Behaviour and Allied Sciences, DELHI SINCE 2014. HE IS PRESCRIBED WITH ANTI-PSYCHOTIC DRUGS. CAN HER WIFE FILE FOR DIVORCE ON MENTAL DISORDER. IF YES THEN WHAT SHOULD BE THE APPROACH.
Section 27(e) of Special Marriage Act 1954 provides that :
The Respondent has been incurably of unsound mind, or has been suffering continuously or intermittently
from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
However the Section 13 (1)(iii) of The Hindu Marriage Act 1955 Provides that: Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with the respondent.
So what ever is the case it is possible to get Divorce on the basis of mental disorder.
Thanks,
Vimlesh P Mishra
The Respondent has been incurably of unsound mind, or has been suffering continuously or intermittently
from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
However the Section 13 (1)(iii) of The Hindu Marriage Act 1955 Provides that: Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with the respondent.
So what ever is the case it is possible to get Divorce on the basis of mental disorder.
Thanks,
Vimlesh P Mishra
Helpful?
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25+
Adv. Vimlesh Prasad Mishra
Lucknow | 25+ Answers
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Yes but if only he is clinically diclare a mental patient, for further process gather legal papers from the mental asylum and file a case or for more advise u can contact me with complete detail of your case.
Helpful?
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Adv. Tariq Anwar
Jhansi | 25+ Answers
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