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Divorce on ground of mental illness and cheating


01-Jun-2023 (In Divorce Law)
I got married in Jan 2004. Immediately after marriage (3months) my mother had got kidney failure and making this a ground my wife went back to her parents. After giving birth to my son in 2005 she stayed with her parents only. After pressure from her family and other relatives she came back and stayed for 6 months with us and then again over a normal heated discussion she went back. This coming & going started on regular basis. One day we found that she started getting violent and hurting herself. On the advice of our family Dr we took her to psychiatrist and then we came to know that she is suffering from mental illness and she had attempted for sucide before getting married to me. Her family had forced her to get marry with me. I started her treatment and now recently I came to know that she was in regular contact with her boyfriend & is still in touch with him to whom she was supposed to get marry. After getting caught she threatened for sucide. What legal remedy I can get ?
Answers (3)

Answer #1
853 votes
In this case which is in itself a very rare case, you need to apply to the court for nullity of your marriage or divorce. either which way, now that you have a son, his right in your property/properties and surname would stay intact irrespectove of whether you get a divorce or not. You need to start by initiating a dialogue to that effect preferably via legal notice

Answer #2
991 votes
You can file divorce Petition under the provisions of Hindu marriage Act as there is special ground of psychopathic disorder also she is having relationship with some other person. You have to keep all medical records with you as evidence to show in court.
Answer #3
827 votes
you can file a divorce in family court please consult a lawyer
it seems that your son is 15 years old now..need more details needed about the current status so that can advice you better.
need to think of the son who must be 15 years of age.
get advice

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