quesMentally unstable wife. How to get custody of children?

My wife is under treatment of IHBAS. Doctor's don't disclose the disease and treatment as per policy. Wife's Cruel, abusing and unstable behavior with kids and mine is intolerable. She can't Control her anger and continue fight 3-4 days with everyone. My kids and mine mentally situation become worse. Is there any law to protect myself and kids from mentally sick wife? Can I file a case which instruct IHBAS to admit until wife is stable? What is law and section to save my and kids life? Do we have any law to live peacefully or all law towards women only??

  • ans

    The law which protect children is that you apply for the custody of your child under Section 6 of The Hindu Minority and Guardianship Act. The section states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property.

    In the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. For appointment of declaration of any person as guardian, the court shall consider the welfare of minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child. The answer depends on the balancing of all these factors and determining what is best for the child’s total well being.

    Further you can apply for divorce petition under Section 13(1) of Hindu Marriage Act on the ground of cruelty and unsound mind of your wife

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