about divorce in cases of schizophrenia
I am 45 years of age.I got married to my uncle's daughter in 1999.We have a daughter born in 2002.I am a doctor practising dentistry in Andhra pradesh.My wife was diagnosed with Paranoid schizophrenia in 2008 January.From then on I have been trying to get her treated but she would never co operate with the doctors and never take the medicines.I took her to the government mental hospital in 2009 at vizag where the diagnosis was confirmed.Even then for one full year she never cooperated with the treatment citing the side effects of the psychiatric medications.In 2010 I had to forcefully join her in the mental hospital where she was admitted for fifteen days.Her father had come and I sent her home for a period of six months.My wife called me infinite times during the six months to be allowed back into the house.I agreed upon the condition that she meets the doctors regularly and takes the medication.She came back in December 2010 and took medicines for about two years and stopped citing the same reason of side effects of the medication.Now she is not on medication for more than one year.I am unable to get her to take the medicines.My father in law says that he cannot help anymore.My wife is threatening me with section 498A and Domestic violence act in case I force her to take the medicines.I am unable to practice my profession as there is no peace of mind in the house.My patients are feeling that I am losing my cool and I am losing clients.My daughter's education too is getting affected.I am feeling afraid to go home after my clinic.Both myself and my daughter are living in fear.If anything happens in the house my life will be ruined.I approached a lawyer and asked him for divorce.He said that you can file for divorce under mutual consent if your wife agrees.My wife has agreed.But the psychiatrist who treated her says that she cannot make decisions as she is a mental patient.In case if your wife's family complains against you that you have taken divorce in this fashion then you will be booked under a cheating case.I have asked for a certificate from the doctor about my wife that she is OK mentally.She cooks food,does all the household chores well and goes out to the market,bank and doctors too.The only problem is when she talks with people her behaviour is abnormal which is very difficult to tolerate.I would like to seperate from her as I am unable to live with her when she is not on medicines.Even if I take divorce under mutual consent I have the fear that my wife will come back and make an issue in front of my house that I forced her to sign the papers.If such thing happens then I feel definitely the police will file a case against me.Can we take divorce by mutual consent in cases of Paranoid schizophrenia?The lawyers I met have said that if I use that word in the petition the judge will dismiss the petition immediately telling that "If your wife is not well,then get her treated".Go to the hospital .How can you get rid of her just because she is schizophrenic.The truth is she is unwilling to take the medicines.She is not cooperating with me in family life and she is threatening me with suicide if i force her to take the medicines.I am unable to live with her and the only option left for me is to run away from home with my daughter to some country where she cannot come.How can I save myself and live peacefully from this woman?She is unwilling to go to her dad's place.They too are unwilling to cooperate anymore.Please advice me on this.Please save my life.I am not having peace of mind.Because of her agressive behaviour at home I am unable to eat food and unable to sleep.She is asking me to leave the house and go elsewhere.I am determined not to leave my house which I constructed with my hard work.In case of divorce do I have to give her a share of the property?Please advice.My daughter is not willing to stay with her mother.She wants to come with me in case I leave the house.My inlaws are not trustworthy people and may come against me if I approach the court.Don't I have any rights under law?