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How to divorce mentally unsound husband after 10 years of separation ?
20-Dec-2023 (In Divorce Law)
My mother is considering a divorce as my father is mentally unsound and they have been living separately since last 10 yrs. we are two children and we are close to 30 yrs now. Mother is 55 yrs and father is 59 yrs. pls let me know what is the process and how is there any financial benefits we have to give to our father( property is in the name of father only).
Hello sir, u no need to give any penny to ur father, if ur father is pensioner, or getting any rents, ur mother entitle For maintenance. Will speak it clearly when u contacted me. But try to reconcile them instead of thinking divorce to them at this age.
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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Hi
In general a mentally unsound person cannot be a party to any suit either as a plaintiff or as a defendant.
So the only way is to pray to the courts to appoint a guardian for your father who is mentally unsound and pray for divorce.
In general, if a mentally unsound person has a guardian who can take care of his (father's) medical, financial and health needs either from assets owned by medically unsound person or other wise, then there is no need to pay any money to your father.
In general a mentally unsound person cannot be a party to any suit either as a plaintiff or as a defendant.
So the only way is to pray to the courts to appoint a guardian for your father who is mentally unsound and pray for divorce.
In general, if a mentally unsound person has a guardian who can take care of his (father's) medical, financial and health needs either from assets owned by medically unsound person or other wise, then there is no need to pay any money to your father.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Since both of you are matured enough to take viable decision. Since both parents are Senior Citizens how the divorce is helpful them. However since last 10 years they are staying separately and not enjoyed their real fruits of life. So why do not make them happy keep them together. regarding your father unsound mind is due to loneliness or any other factor. So keep them happy by making them together rather than keeping them separate. If you need any help from my end make a call.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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