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Divorce as my wife is suffering from mood disorder
11-Sep-2023 (In Divorce Law)
My wife is suffering from mood disorder .They haven't told us before marriage that she is suffering from it. She has filed a complaint against us in the women cell. We have already filed a case in court. Notice has been sent twice and she hasn't received it. We have only prescriptions( 6 months back) from the doctor. She has told us once in the mail that she is suffering from depression. She is not ready to give divorce. What are the chances that we can get divorce and win the case.Please help me in this regard .
Without commenting on the facts of the case and only on the information as disclosed by you, that psychological depression by itself is no ground for divorce under the Hindu Law. held in one case law. Its better to file a divorce on mutual consent consider mediation.
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Adv. Nitish Banka
Delhi | 100+ Answers
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Chances of winning or losing is on the factual circumstances supported with evidence which one produces in court as u must have heard kanoon to andha hota hai...if you have prescription medical reports of disorder of your wife which has caused great sufferings n cruelty to you, you may have fair chances of winning your case n getting divorce ..how long have u been married.?? Have you or family members reported any incident to police or her family members or do you have any medical record...if you have ur friends relatives supporting u in your stand b cruelty caused by ur wife you may win n get divorce
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Adv. Ashutosh Dubey
Delhi | 100+ Answers
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Depression or mood disorder is not a mental disease which is incurable and hence can not be a ground for divorce as provided in Hindu Marriage Act. However you can file divorce on the ground of cruelty or refusal of cohabitation or any other grounds whichever is applicable.
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Adv. S P Srivastava
Delhi | 200+ Answers
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The grounds for divorce under the Hindu Marriage Act includes unsoundness of mind, however the same has to be of an uncurable nature so as to be considered as a valid ground for divorce.
In such cases, the doctor treating the patient will be examined, whose expert opinion will be taken stating that the depression is of an uncurable nature and cannot be treated. You will further have to show that you did everything possible in getting her treated and your bona fide. You will have to show that she is of an unstable and unsound mind and her attitude is adding to cruelty and hence you are seeking for divorce.
Please feel free to call/ email for further consultation.
In such cases, the doctor treating the patient will be examined, whose expert opinion will be taken stating that the depression is of an uncurable nature and cannot be treated. You will further have to show that you did everything possible in getting her treated and your bona fide. You will have to show that she is of an unstable and unsound mind and her attitude is adding to cruelty and hence you are seeking for divorce.
Please feel free to call/ email for further consultation.
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Adv. Nupur Kumar
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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