procedure for taking divorce with mentally disordered person
03-Oct-2023 (In Divorce Law)
hi sir myself kamalesh my wife aged 28 and i have 13 months old daughter. my wife is suffering from mental illness before marriage onwards but her parents not informed me and i have identified it and her parents are not allowing me to take her to hospital for treatment and also to get the medical certificate from the doctor.
1. i am unable to continue with her. what is the procedure to get medical evidence?
2. if i apply for divorce does it effect on my financial status?
3. can i take care of my daughter?
Hi
In the event of your wife suffering from incurable mental illness, then you can apply for divorce, but you will advised to take care of her alimony aspect.
You can seek custody of your daughter on the grounds that your wife is suffering from incurable mental illness.
Please note that the mental illness should be incurable and the actions arising out of mental illness is that your wife is permanently incapacitated and not of sound mind to lead marital life. Please check with a Senior doctor (expert in mental faculties) prior to contemplating legal recourse.
In the event of your wife suffering from incurable mental illness, then you can apply for divorce, but you will advised to take care of her alimony aspect.
You can seek custody of your daughter on the grounds that your wife is suffering from incurable mental illness.
Please note that the mental illness should be incurable and the actions arising out of mental illness is that your wife is permanently incapacitated and not of sound mind to lead marital life. Please check with a Senior doctor (expert in mental faculties) prior to contemplating legal recourse.
hello in 498 a you have to file a quash petition the high court to requires the in High Court stating that you have your wife has filed a false complaint against you and your family the court will quash the fir filed by your wife
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