LawRato

Seeking Guidance for Divorce Proceedings


08-Jan-2024 (In Divorce Law)
Married in Dec 2018; wife had schizophrenia undisclosed before marriage. Her condition worsened with hallucinations, leading to rehab. Consulted lawyers; they suggested mutual divorce due to her undisclosed illness. First court motion passed; COVID-19 moved court online, other party missed 2nd motion. Attempted Ex parte, but judge rejected due to time passed. Seeking guidance for next steps. 5 years without contact or address.
Answers (5)

Answer #1
577 votes
you can file divorce on the ground of cruelty because she has not participated in second motion there are several judgment in support of this you can get divorce easily or you have to wait for seven years once it's complete you can file divorce on missing ground.
Helpful? LawRato LawRato
Advocate Rajesh Kumar

Adv. Rajesh Kumar

LawRato Delhi | 100+ Answers
Chat with Advocate Rajesh Kumar Chat 
Answer #2
651 votes
Dear sir A fresh contested divorce petition is maintainable in your case on the ground of desertion let alone the schizophrenic condition of your wife. You may consult me in that regard which requires detailed discussion. Good luck!
Helpful? LawRato LawRato
Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
Chat with Advocate Puneet Srivastava Chat 
Answer #3
888 votes
Presence of both spouse is must at time of second motion and as such your wife was not present during second motion I am under belief that the court has dismissed your petition. In this case you have to file for divorce on grounds of unsoundness of mind.
Helpful? LawRato LawRato
Advocate Shubham Chopra

Adv. Shubham Chopra

LawRatoDelhi | 25+ Answers
Chat with Advocate Shubham Chopra Chat 
Answer #4
807 votes
if the wife refuses to sign the second motion of divorce through mutual consent then the court has no other option but to dismiss the petition and leave the parties to explore alternative remedies such as contested divorce. however you can file for divorce on grounds of mental illness of the wife. should you have any questions please feel free to contact me.
Helpful? LawRato LawRato
Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
Chat with Advocate Kunal Seth Chat 
Answer #5
915 votes
If your wife is not responding or deliberately harassing you for completing the divorce by mutual consent. You can file contested divorce and get an ex parte decree if she doesn’t appear. For better clarification feel free to contact Thanks
Helpful? LawRato LawRato
Advocate Bhawana Pandey

Adv. Bhawana Pandey

LawRatoDelhi | 1000+ Answers
Chat with Advocate Bhawana Pandey Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato