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Author Topic: DIVORCE  (Read 1185 times)

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Offline rc9447436186

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DIVORCE
« on: July 21, 2015, 12:28:01 PM »


My Friend married in the year 2015 according to Hindu marriage act. In the early days his wife's activities were suspicious but he or his family did not take it seriously . Friend told me that his wife is having epilepsy from early childhood and is taking tablets.

After marriage the following things happened

1.  One early morning she went outside (before 5:00AM) without informing any one.

2. She returned by 6:00 AM and then suddenly thrashed my friend (her husband) in front of entire In-laws and also abused him along with his family members with obscene words.

3. After this incident my friend took her to his working place.

4. On another day evening she once again thrashed him and went close to killing him where they were residing.

At the first instance, friendís family informed wife's parents regarding the behaviour and the parents also reached the place and started residing with the couple.

5. No fruitful action to control her behaviour was not done by her parents

6. All her activities were detailed to her Parents and they were not at all serious about it.

7. After taking consent from her parents my friend planned to take her to a Neuropsychiatrist to find the cause of her behaviour.

8. The day just before taking her to the Neuropsychiatrist , during mid-night his wife went out of the house and luckily he got her back .

9.  Neuropsychiatrist identified the disorder as F20.0 and prescribed some medicine..

For confirming the same my friend took her to a very famous hospital for further examination.

Her history was taken by one Clinical Psychologist and referred her to a Psychiatrist there.

When my friend tried to explain problems to the Psychiatrist, he was not interested about her behaviour and was rather interested in Epilepsy problems.

Following Tests were to be conducted for finding her disease as per the Psychiatrist.

Psychometric test +intervention and mental assessment.

During this time my friend came to know about some unknown things of her from some believable sources.

As per them she is having Schizophrenic dis-order, Stubborn Character etc. and of the view of taking a separation with immediate effect.

But his wife's parents are very crook and they are telling that this behaviour was not there before marriage.

But my Friend is sure that his wife was taking Psychiatric treatment before marriage which was not all disclosed by her parents.

No paper is available to prove that she is having some psychiatric dis-order except the perception of Neuropsychiatrist.

My friend want to take a divorce from her as he feel cheated by wife's family, so What to do to get marriage null and void.

Advice from all members expected,


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My Friend married in the year 2015 according to Hindu marriage act. In the early days his wife's activities were suspicious but he or his family did not take it seriously . Friend told me that his wife is having epilepsy from early childhood and is taking tablets.

After marriage the following things happened

1.  One early morning she went outside (before 5:00AM) without informing any one.

2. She returned by 6:00 AM and then suddenly thrashed my friend (her husband) in front of entire In-laws and also abused him along with his family members with obscene words.

3. After this incident my friend took her to his working place.

4. On another day evening she once again thrashed him and went close to killing him where they were residing.

At the first instance, friendís family informed wife's parents regarding the behaviour and the parents also reached the place and started residing with the couple.

5. No fruitful action to control her behaviour was not done by her parents

6. All her activities were detailed to her Parents and they were not at all serious about it.

7. After taking consent from her parents my friend planned to take her to a Neuropsychiatrist to find the cause of her behaviour.

8. The day just before taking her to the Neuropsychiatrist , during mid-night his wife went out of the house and luckily he got her back .

9.  Neuropsychiatrist identified the disorder as F20.0 and prescribed some medicine..

For confirming the same my friend took her to a very famous hospital for further examination.

Her history was taken by one Clinical Psychologist and referred her to a Psychiatrist there.

When my friend tried to explain problems to the Psychiatrist, he was not interested about her behaviour and was rather interested in Epilepsy problems.

Following Tests were to be conducted for finding her disease as per the Psychiatrist.

Psychometric test +intervention and mental assessment.

During this time my friend came to know about some unknown things of her from some believable sources.

As per them she is having Schizophrenic dis-order, Stubborn Character etc. and of the view of taking a separation with immediate effect.

But his wife's parents are very crook and they are telling that this behaviour was not there before marriage.

But my Friend is sure that his wife was taking Psychiatric treatment before marriage which was not all disclosed by her parents.

No paper is available to prove that she is having some psychiatric dis-order except the perception of Neuropsychiatrist.

My friend want to take a divorce from her as he feel cheated by wife's family, so What to do to get marriage null and void.

Advice from all members expected,


Offline advbanani

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Re: Schizophrenia divorce
« Reply #1 on: July 21, 2015, 08:53:19 PM »
This is what happens when one does arranged marriage.
Schizophrenic is a ground for divorce.

by the way if your friend does not want to live with his wife no law can force him to.

if he feels there is a threat to his life he should stay away from her.

Schizophrenia is  hereditary there has to be cases in her family either mothers or fathers side check that part out.



Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline rc9447436186

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Re: DIVORCE
« Reply #2 on: July 24, 2015, 07:23:36 AM »
My friend's wife is having an incurable decease. Only some details of treatment are available with him. He wants to file a petition for divorce. The family did not disclose about it even though it's an arranged marriage. Whether it is possible to request the court to appoint an expert commission (medical) to confirm she is having the decease. Reply from all requested. If anyone knows judgments for similar one please upload or publish link to get it.

Offline Advocate M.Bhadra

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Re: DIVORCE
« Reply #3 on: July 24, 2015, 07:33:43 PM »
It is not good ground of divorce. Ground for divorce under Hindu Marriage Act regarding mental and physical disorder are:-

(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]

(iv) has 18 [***] been suffering from a virulent and incurable form of leprosy; or

(v) has 18 [***] been suffering from venereal disease in a communicable form;


M.Bhadra,advocate at Kolkata,9836589246

 

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