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Eligibility of divorce on grounds of spouse's mental disorder
14-Aug-2023 (In Divorce Law)
My father has recently revealed his intention to divorce my mother on grounds of her occasional schizophrenic episodes. She has been suffering from it for 10 years. She is financially dependent on my father. And I am a major, but still dependent.
Would my father be able to get a one-sided divorce, because my mother would never agree to it? And also, my brother and I are still dependent, though major.
Hello I went through your query I need a few more details before I can help you properly. Like in details of how your mother has been suffering through and what treatment she has undergone if any treatment at all. My team will contact you soon.
Regards,
Shayan
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Adv. Shayan Sachin Basu
Kolkata | 400+ Answers
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since your father does have a valid ground at least in the eye of law to proceed with the divorce the fact that your mother doesn't want to grant it will only make the process protracted not impossible. having said that your mother will be eligible for maintenance both pendente lite (during the divorce proceedings) as well as even after the divorce. as far as major children is concerned only if it's a girl who is unmarried and a boy mentally unstable have a right to claim maintenance from their parents.
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ 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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