Dear Client,Yes you can go for divorce on the basis of that disease and many judgments over that but after one year and if want some more clarification then contact us.
Advocate Anurag Bhatt
Allahabad High Court
Case of schizophrenia
1. I am married in the month of 23/02/2014, it was arranged marriage. 2. After the marriage i noticed abnormal behaviour of my wife many a time can say quit often. threatening me and using parliamentary words. 3. I informed their parents about the same, they said it is nothing we will take care of that problem, they use to come to my house weekly once or twice to my house and spoke to her daughter and this went on for a month but her behaviour was not changing. 4. She was not interested in coming out of the house, and not even like to go out for a movie, temple or any relatives or friends place. 5. I noticed that she was avoiding to go into social functions of parties or family gathering etc. 6. When i asked their parents they told it is nothing, may be new atmosphere and she some time get High level of anger and that time she doesn't know what she speaks. 7. This went on till 3rd month of the marriage I was restless seeing this behaviour, some times she looked normal she dose her work but some time very dizzy, sits in front of TV and watches crime petrol kind of acts and talks to the TV like somebody is talking to her she very much involves herself into it. 8. when she sits on a chair she swings her body front and back moving her legs all the time and she moves her eyes balls left and right upwards, if you see it looks little scary. 9. Fortunately or unfortunately she is conceived during the third month of marriage. 10. Now she shouts on me why are you asking some one to talk to me for wall, they are talking that your sister will not get married, i will kill your parents all these this she use to hear from the walls of the bedroom and she ask me when i return from office that why are you doing this and i am shocked to hear that she hears voices from walls, she even told that 2 ladies and one man was talking to me. 10. i was out of my mind that what was happening then i called the gynecologist where I was taking her for checkups, told the doctor all that has happened took her to the hospital as per the doctors instructions. 11. she referred a Psychologist who came to the hospital to see my wife. 12. after seeing her condition after talking to her he diagnosed that she is suffering for Mental Disorder i.e. schizophrenia. 13. mental torcher i faced during the four months of my marriage it was like hell. What should i do now, and want to know can i file a case for Divorce on the grounds of schizophrenia before one year completion of the marriage. 14. I have sent her to their parents home as i can't take any more, not able to concentrate at work restlessness, many sleepless nights. Please let me know if any cases before was filed with in one year, please provide any reference that would help me in filing. 15. When i noticed these behavior i started recording the voice as a safety. 16. and their parents are not agreeing that she has schizophrenia, they are blaming me you are wantedly doing this, and i also told we can go to any other doctor if you dont believe but they bluntly denied to show her daughter to the doctor. Pls advise.
Asked 10 years ago in Family Law
Religion: Hindu
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9 Answers
Dear Querist
You may file the divorce petition before family court u/s 13(1)(iii) of Hindu Marriage act along with an application u/s 14 of Hindu Marriage Act for filing the divorce petition within one year.
Section 13(1)(iii)
2[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation .—In this clause,—
(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or]
14. No petition for divorce to be presented within three years of marriage.-
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 2[before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 3[expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 4[expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 5[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 6[said one year].
1) do you have her medical reports that she is suffering from mental illness.
2) you can apply for anullment of marriage on grounds of fraud under section 12 of HMA .
3) since material facts had been concealed consent was obtained by fraud .
4) contact a local lawyer and file petition under section 12 HMA at the earliest
1. Schizophrenia is a curable disease and if your wife has got this after marriage you have no ground for divorce.
2. however had this been prior to your marriage and was concealed to you at the time of fixation of marriage you can apply for nullity of marriage.
3. Allegation of concealment of this fact before marriage is very ahrd to prove as they may the the defence that you were told about this disease before marriage.
Meet a lawyer with all papers.
Hi,
1. File a petition under sec.12 (1),(b) of the Hindu marriage Act, before one year of your marriage.
,2. get a report from the doctor that this was an illness persisting before the marriage and was not disclosed to you.
3. In case any reason due to her pregnancy you postponed the filing for nullity under sec.12, after one year you can file a petition for divorce on ground of mental insanity under sec.13 1(iii) of the act.
4. Schizophrenia should be proven to the extent that she is unfit for a marital life and living with her is dangerous to you and your family members.
1. Under the law prevailing in India you cannot file for divorce prior to a year from the date of marriage. Furthermore, schizophrenia alone cannot be the basis of divorce in your case as the disease is not incurable in nature. You can though file for divorce on the ground of mental cruelty.
2. If your wife was suffering from schizophrenia prior to marriage you may file for annulment of marriage, which does not require you to wait for completion of one year from the marriage, albeit she will rebut your case by taking the defence that she was not suffering from the ailment before marriage.
3. I have seen that in such cases the spouse suffering from the illness refuses to own it in the court. So the medical reports of your wife would be decisive to fate of the case subject to what has been stated therein.
4. Consult a lawyer and acquaint him with the entire case history to get a clear picture.
Hi, you have to wait upto one year and on the basis of your narration you have to file a petition for divorce on the ground of cruelty.
1. The sypmtoms say that she is affected by 'schizophrenia',
2. You can file a petition for annulment of marriage u/s12 of HMA,
3. schizophrenia is not completely cureable and this vital fact was concealed from you and your consent for marriage was obtained by fraud,
4. This marriage is fit to be annulled.
if her disease is incurable then you can file divorce petition. you can move an application before family court for annulling of marriage? because your consent is obtained by fraud as to the material fact ( bride is suffering from schizophrenia).
in this situation you no need to file divorce petition if court is nullified your marriage. once your marriage will become void you can solemnized another marriage. you have only 3 months to file application under section 12 (1) (c) thereafter you'll ceased to file an application before family court for annulling of marriage. one year from marriage is the limitation period for annulling of marriage.
schizophrenia is a mental disease and in acute condition it is very tough to live together.
