Wife wants divorce as husband suffering from OCD (mental disorder)
07-Apr-2023 (In Divorce Law)
Hi sir/mam, I got married in April'16 and then move to USA with my husband and there i came to know the actual face of my husband and after spending 8 months with him, finally i took a very hard decision of my life of taking divorce. for your reference i can quote some of the instances which was force me to took this decision:- 1. He is suffering from a mental disorder OCD (Obsessive–compulsive disorder) 2. He never supports me 3. He always used to abuse me 4. He used hit me 5. He was very smart, he first irritates me to a very high level and when i do a reaction of that irritation by talking him on a very high tone, He used to make this video and capture this part(My reaction) to use for future use. and many more. I also know that by having these points in my case, my case will not going to be strong enough to prove my decision as correct. So please help me with some of the generic points, some bad allegations which i should be added in my case to make my case strong.
The law generally says that some incurable disease can be a ground for divorce. But the case should be supported by medical reports which say that the disorder or the illness is incurable in nature. There are chances that certain illnesses which are incurable today can be cured tomorrow with the help of advanced medical facilities.
Mental disorder for relief under section 13 (1) (iii) should be of such a degree that it is impossible to lead normal marital life or it is unreasonable to expect a person to put up with a spouse with such condition; B.N. Panduranga Shet v. S.N. Vijayalaxmi, AIR 2003 Karn 357
In your case, you can also take mental cruelty as a ground for seeking divorce along with mental disorder. For more details kindly contact me.
Mental disorder for relief under section 13 (1) (iii) should be of such a degree that it is impossible to lead normal marital life or it is unreasonable to expect a person to put up with a spouse with such condition; B.N. Panduranga Shet v. S.N. Vijayalaxmi, AIR 2003 Karn 357
In your case, you can also take mental cruelty as a ground for seeking divorce along with mental disorder. For more details kindly contact me.
The approach that has been advised by someone to add some bad allegations to your divorce case to make it strong itself shows the person who has advised you is not at all your well-wisher, may be some greedy advocate who want to extract maximum money out of your husband in the name of adding all false allegations for divorce and may be adding false criminal complaints against him, so that he ultimately makes money out for himself.
The best course for you is to settle the issue of divorce and settlement of all related issued directly with your husband and go in for divorce by mutual consent rather levelling bad, false allegations against him just to get divorce. Don't think that by levelling all those allegations against him will get you divorce just on your statement made in the court, unless you prove it on the basis of sufficient admissible evidence. Anyhow I will not provide any such advise that create more problem for you rather helping you. Good it will for moving out of the marriage peacefully rather blaming each other falsify that ultimately spoil your own reputation in the society.
The best course for you is to settle the issue of divorce and settlement of all related issued directly with your husband and go in for divorce by mutual consent rather levelling bad, false allegations against him just to get divorce. Don't think that by levelling all those allegations against him will get you divorce just on your statement made in the court, unless you prove it on the basis of sufficient admissible evidence. Anyhow I will not provide any such advise that create more problem for you rather helping you. Good it will for moving out of the marriage peacefully rather blaming each other falsify that ultimately spoil your own reputation in the society.
Don’t worry there are lot of legal remidies for you. First of all don’t worry and be confident. U will defiantly get ur problem solved. Have faith in legal system. No need to worry at all. U will get everything which u need from court.
The facts and circumstances as written by you does not weeked your case. You are required to be little more conscious about placing of facts from the date of marriage proposal to the date of filing your petition to be drafted by a skilled Advocate having expertise in such cases
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