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Hrudananda Kumar
2 years ago
Our marriage was held 6 years ago and within a year we had a son. My wife is mentally unsound. Immediately after marriage, I could notice it. I had wrongly assumed that son's birth would have a positive impact on her behaviour. She has become a Brahmakumari and not doing sex with me for last 8 months. She is not even talking with me well. Should I continue life with her ? If I should go for divorce, how many years will it take for divorce?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.For 6 years you are living with mentally unsound person then it seems that instead of her, you are mentally unsound.
Becoming Brahmakumari and not doing sex and not talking are rounds for divorce.
Ask her for mutual divorce which is easy, fast and cheap,
else contested divorce will defivetely take a lot less than 6 years thinking.
Becoming Brahmakumari and not doing sex and not talking are rounds for divorce.
Ask her for mutual divorce which is easy, fast and cheap,
else contested divorce will defivetely take a lot less than 6 years thinking.
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A.You have to decide wheather you want live with her in current situtation or you want seperate from her...
If you want divorce then please take help from lawyer...
Within 1 or 2 yrs may be your case will be decided...depends on court to court and situations...
If you find my answer helpful please rate my answer. Thank you
If you want divorce then please take help from lawyer...
Within 1 or 2 yrs may be your case will be decided...depends on court to court and situations...
If you find my answer helpful please rate my answer. Thank you
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Sidhaarth
Responded 2 years ago
A.If she was of unsound mind then why you had consulates the marriage and become father? Under which medical term it is diagnosed that on birth of child a person of unsound became sane? If she is of unsound then how she became Brahmkumari? All your reasons are baseless and seem false. You can apply for divorce on the ground of cruelty. Your wife has every right to defend the case beside she is entitled to have maintenance, residence and expenses and maintenance of child also.
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A.Divorce case will cause more trouble to your lives and should be the last thing to do unless there is no other way out. Try to seek some counselling help if you can otherwise go for legal solution. Contested divorce will take lot of time will certainly be more than three years.
If you go for MCD then you can think of getting it done in lesser time.
You can also read more about divorce laws in following blogs;
https://www.vidhikarya.com/legal-blog/divorce-under-hindu-law
https://www.vidhikarya.com/legal-blog/how-to-get-divorce-in-india
If you go for MCD then you can think of getting it done in lesser time.
You can also read more about divorce laws in following blogs;
https://www.vidhikarya.com/legal-blog/divorce-under-hindu-law
https://www.vidhikarya.com/legal-blog/how-to-get-divorce-in-india
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Insanity of your wife can be a ground of divorce if she has been incurably of unsound mind and your wife has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that you cannot reasonably be expected to live with her. As per Delhi High Court verdict,denying sex to husband for a long time without any justification amounts to mental cruelty and is a ground for divorce.
However,you have to give medical proof regarding the insanity of your wife because for humanitarian ground as well as for the sake of your son,the Court of Law will ask you regarding the treatments of your wife and will not expedite the process of Divorce without giving reasonable opportunity to both sides in this regard....Sinjari Bandyopadhyaya, Advocate,Kolkata
However,you have to give medical proof regarding the insanity of your wife because for humanitarian ground as well as for the sake of your son,the Court of Law will ask you regarding the treatments of your wife and will not expedite the process of Divorce without giving reasonable opportunity to both sides in this regard....Sinjari Bandyopadhyaya, Advocate,Kolkata
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A.You both need counselling not divorce, it is high time you should call her parents and talk in front of them with your parents too.
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A.Hey,
Under Section 13 of the Hindu Marriage act non- consummation can be ground for divorce but that doesn't prove mental instability. I would recommend to solve issue of your marriage with your wife as this would effect your son too.
If you find my answer helpful please rate my answer. Thank you
Under Section 13 of the Hindu Marriage act non- consummation can be ground for divorce but that doesn't prove mental instability. I would recommend to solve issue of your marriage with your wife as this would effect your son too.
If you find my answer helpful please rate my answer. Thank you
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Dr. Christabell Heldt
Responded 2 years ago
A.If you can prove medically and with documents in the court of laws that she is mentally unsound then it's easy to get a divorce. It shouldn't take more than 2 years. Consult a good lawyer for it.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hey,
This can't be reason for divorce under hindu marriage act but if your wife is mentally unstable medically then you can divorce her under Hindu Marriage act. But i would recommend to try resolving your issues internally as this would also effect your son.
If you find my answer useful, please rate my answer. Thank you
This can't be reason for divorce under hindu marriage act but if your wife is mentally unstable medically then you can divorce her under Hindu Marriage act. But i would recommend to try resolving your issues internally as this would also effect your son.
If you find my answer useful, please rate my answer. Thank you
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