Can a person get divorce in case of mental illness of partner
19-Jul-2023 (In Family Law)
I am in a relationship with a person who is married and his wife is suffering from brain injury from last two years. There is still no response from her and doctors are saying that there is very less chance of her recovery. He has a son of two years. Now we want to marry because he and his son needs someone who will take care of them in future. Please guide us how can we process for marriage. How and in how much time he can get divorce from his first wife? Can we continue a live in relation untill he get divorce? Also we don't want to send his wife to her house. We want to keep her with us for her regular treatment.
Hello mam,
Yes a person can get divorce on the ground of mental illness of partner according to provisions of the act. Divorce proceedings will take around 1year or more for completion.
No you can't live in relation with him till divorce as per law. Ofcourse after your marriage you can keep his first wife with you for treatment .
Frankly, abandonment of a spouce on account of such problems post marriage is impermissible. Think the away way round, if your friend would have suffered same fate, whether it would have been proper for your friend's wife to occasion divorce. Take family help and also if possible ensure her recovery by speaking to her and letting her feel alive and needed.
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.
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