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Procedure to file divorce because of mental health illness of husband
05-Nov-2023 (In Divorce Law)
My father is having mental problem and getting treatment from IBHAS, delhi since 2014. Doctor prescribes anti-psychotic drugs on monthly basis. My mother is working in Aanganwadi. Problem is that father is abusive and harrassing my mother since starting. Now it has became worst. My mother is constantly living in fear and mental torcher. My father is not taking his medicines regularly and has taken full control over everything i.e money, documents etc. My grandfather had one property which was divided to three brother and himself. Now grandfather is no more and my father has in writing that this area belongs to him which is not registered anywhere. We have one property in Gzb which is in my name. Now Father and mother are living at GZB. So my mother wants to get divorce and to be separated from him but he is saying that I will not leave and will not give divorce either. Question is how to get separated from him.
Cruelty contemplated may be both physical and mental. If it is physical the court should have no problem to determine because it is a question of fact and degree. It is the mental cruelty which may pose a problem and may present difficulty with the courts. It was therein observed that the inquiry in any case covered by that provision had to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for the petitioner to live with the respondent t its ground of divorce.
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Adv. Dipti Singh
Delhi | 100+ Answers
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Dear Client,
You may file a divorce petition on the ground of cruelty. As the conduct of your father clearly amounts to cruelty. File a divorce petition at family court gzb on the ground of mental curelty. If you need further assistance in this regard feel free to contact.
Regards,
Tushar Bahadur,
(Advocate).
You may file a divorce petition on the ground of cruelty. As the conduct of your father clearly amounts to cruelty. File a divorce petition at family court gzb on the ground of mental curelty. If you need further assistance in this regard feel free to contact.
Regards,
Tushar Bahadur,
(Advocate).
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Adv. Tushar Bahadur
Lucknow | 400+ Answers
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You can take divorce on above mentioned grounds very easily without your father's consent bcoz the grounds which we have to fulfill for getting the divorce is mental, physical cruelty and as well as ur father is suffering from psychopathic disorder so it will be easy to get divorce.
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Adv. Anupam Kumar Gupta
Varanasi | 100+ Answers
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A Divorce Petition can be filed in such a situation in the Court of Principal Judge, Family Court of Ghaziabad. As per the circumstances stated by you a Divorce Petition can be filed under Section 13 (ia) of the Hindu Marriage Act, 1955 which provides the following as the ground of obtaining a divorce, "the spouse has, after the solemnisation of the marriage, treated the petitioner with cruelty"
Further, your mother can file a Divorce Petition under Section 13 (1) (iii) of the Hindu Marriage Act which provides the following as the ground of obtaining a divorce, "the other spouse 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"
For making out a case under Section 13 (1) (iii) and successfully obtaining the divorce against the husband, the documents like the medicinal prescriptions would be of great help.
Further, your mother can file a Divorce Petition under Section 13 (1) (iii) of the Hindu Marriage Act which provides the following as the ground of obtaining a divorce, "the other spouse 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"
For making out a case under Section 13 (1) (iii) and successfully obtaining the divorce against the husband, the documents like the medicinal prescriptions would be of great help.
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Adv. Pragya Pandey
Allahabad | 25+ Answers
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