NRI filing Contested Divorce! How to stop my Mentally Unsound wife to

588 votes

dear client as per your query you were married for five years and your wife is of unsound mind so you can want to file for contested divorce you can consult me online by paying online consultancy fees.....

Advocate Priyanka Singh LawRato

742 votes

According to the Section 13 of the Act, divorce or judicial separation can be obtained if the person 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.” 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. The expression “psychopathic disorder” means a persistent disorder or disability of the mind (whether or not including subnormality 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. In Sharda versus Dharmapaul (2003, 4 SCC 493), Supreme Court held that each case of schizophrenia has to be considered on its own merits. The medical evidence regarding the requisite degree of mental disorder is relevant though not conclusive. Supreme Court also observed that when there was sufficient evidence for the court to conclude that the slight mental disorder of the wife. To know more you can contact me

Advocate Arka Banerjee LawRato