Divorce
5 years ago
Is it possible to get divorce from the spouse who is suffering from unsoundness of mind from last two years?
Ashish K Dongre
Responded 5 years ago
A.Yes
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Ramalingaiah Mulakatte
Responded 5 years ago
A.Yes it is possible. Contact local Advocate for legal assistance.
Under section 13(1)(iii) of the Hindu Marriage Act, 1955, the grounds are:
if the person if incurably of unsound mind, or 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.
(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;
the marriage can be dissolved by decree of divorce.
Under section 13(1)(iii) of the Hindu Marriage Act, 1955, the grounds are:
if the person if incurably of unsound mind, or 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.
(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;
the marriage can be dissolved by decree of divorce.
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Sushama
Responded 5 years ago
A.Hello
Firstly you may approach to the doctor about the unsoundness of your wife and get medical certificate then you apply for the divorce in the family court.
Firstly you may approach to the doctor about the unsoundness of your wife and get medical certificate then you apply for the divorce in the family court.
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GANESH SHARMA
Responded 5 years ago
A.Yes this is one of the ground for divorce. Consult for procedure
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Johnson Thangiah
Responded 5 years ago
A.Yes possible and prove it before the trial court.
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Mohd Imran
Responded 5 years ago
A.Yes, it is a ground for divorce.
For more details you may contact me in person through my vidhikarya profile
For more details you may contact me in person through my vidhikarya profile
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Nirmal Chopra
Responded 5 years ago
A.Unsoundness of mind has to be of a certain degree to become a ground for divorce. Consult with medical certificates for correct opinion as unsoundness of mind as per you may or may notnot be of a certain degree as required by law, which has to be determined on the basis of medical records only.court will also refer the spouse stated to be of unsound mind for medical checkup and only after proper and undisputed medical opinion, court will accept ground of unsoundness of mind.
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Rajeev RJ
Responded 5 years ago
A.Yes you can file divorce petition before the family court for divorce.
regards
rajeev
RJ Associates
Trivandrum
regards
rajeev
RJ Associates
Trivandrum
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Vimlesh Prasad Mishra
Responded 5 years ago
A.Yes, You may file a divorce petition citing the non curable mental disorder as a ground of divorce.
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Neeraj Kumar
Responded 5 years ago
A.Yes, for more query you can contact me
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