Divorce as wife's psychiatric problem not disclosed before marriage

My son and my daughter-in-law have been married for the last 4 years as per Hindu marriage act. Both are employed in Singapore. My daughter-in-law has some psychiatric problems for which she was under treatment in Trichy. The same was not declared to us before marriage. Also, they have lied us about her qualification etc. Now they have a 10 months old daughter. My son consulted a psychologist for her treatment which has no +ve result. She does not look after the house and being employed do not contribute anything. Every alternative day she fights and some times tried suicide attempt. A police report was also registered in Singapore. How we can get rid from her. Is there any way to get divorce from her. She has also not good relations with her family though she send them some money to her parents as they do not earn anything. Pl advise.

Answers (3)

271 votes

He can file divorce petition on medical as well as on cruelty grounds and court will consider the medical ground and the cruelty that she has attempt sucide and fights with husband and also she is not having good relatuons with family all these are good grounds for divorce.

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223 votes

Getting unilateral divorce from the wife is very difficult in India unless you have very strong case on the available grounds under the Hindu Marriage Act,1955.
Based on the facts of your case available ground under section 13(1)(iii) of the Hindu Marriage Act,1955:
Any marriage solemnised, whether before or after the commencement of this 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, —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.
Explanation .—In this clause,—
(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment.
How far the divorce case on this ground be successful will depend entirely on the available evidence relating to her unfit mental status and how that has broken the marriage.
The detailed case discussion on this can be done if you so desire and are ready for paid legal consultancy with me.

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You can file a divorce petition in the court of local jurisdiction where the couple got married

If you're able to establish that you didn't about her mental health then you can also go for annulment of marriage

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