What is the procedure to file for divorce when wife is mentally ill

849 votes

Dear Client,
In the present situation, your brother can file a divorce petition on the ground of cruelty if yoj don't have a proof for her mental illness. The divorce petition can be filed under section 13 of the Hindu Marriage Act.

Advocate Kumar Karan LawRato

567 votes

On the ground of her mental disability you can take divorce.u should file a divorce petition u.s.13 in the principal judge of family court where ur jurisdicion made and it is a act of hindu marriage 1955.

Advocate RK Goswami LawRato

732 votes

Your brother can file matrimonial (divorce) petition before the principal judge, family court narrating all those facts and make a prayer for grant of decree of divorce. The Court after considering the case of the parties may grant decree of divorce.

Advocate Ravi Bhushan Prasad Sinha LawRato

921 votes

Mental illness is a ground for divorce and the divorce petition can be filed in your District Family court. But to prove the mental ilness, it is necessary to have medical certificates of the doctor under whom treatment is going on

Advocate Prem Singh LawRato

669 votes

Yes you can filed divorce on ground of mental illness. But buden on you to prof mental illness of respondent . As per Hon'ble Suprem Court of India husband or a wife is entitled to divorce if either spouse is found to be mentally unsound or indulges in cruelty.

Advocate Kanhaiya Jee LawRato

163 votes

If you are seeking a divorce in India due to your wife's mental illness, there is a legal process you can follow. Here's a general overview of the procedure:

1. Consult with a Lawyer:
   • Seek legal counsel from an experienced family lawyer who specializes in divorce cases involving mental illness. They can guide you through the process and provide advice on the specific steps to take.
2. Collect Medical Records:
   • To prove your wife's mental illness, gather medical records, diagnoses, and treatment history from qualified mental health professionals. These documents will be crucial evidence in your case.
3. File a Divorce Petition:
   • Prepare and file a divorce petition in the appropriate family court. In your petition, clearly state the grounds for divorce, including your wife's mental illness.
4. Notice to Spouse:
   • The court will issue a notice to your spouse, informing her about the divorce petition. She will have an opportunity to respond to the allegations made in the petition.
5. Medical Examination:
   • The court may order a medical examination of your wife by a qualified psychiatrist or medical board to assess her mental health. This examination is conducted to determine the extent of her mental illness.
6. Counseling and Mediation:
   • Some courts may also suggest counseling or mediation to explore the possibility of reconciliation. However, in cases of severe mental illness, this step may be skipped.
7. Evidence Presentation:
   • Present all the medical records, reports, and evidence related to your wife's mental illness in court. This evidence will be crucial in establishing the grounds for divorce.
8. Final Hearing:
   • After considering the evidence and arguments from both sides, the court will conduct a final hearing. If the court is satisfied that the grounds for divorce due to mental illness are valid, it may grant the divorce decree.
9. Decree of Divorce:
   • Once the court issues a decree of divorce, the marriage is legally dissolved, and both parties are free to move on with their lives.

It's important to note that divorce laws can vary depending on the jurisdiction, and the specific process may differ in different states in India. Consulting with a knowledgeable family lawyer who is familiar with the laws in your area is essential to ensure a smooth divorce process. Additionally, the court will prioritize the best interests of any children involved when making decisions related to custody and support

Advocate Chikirsha Mohanty LawRato