Husband with personality disorder wants divorce
3 months ago
Got married last year in feb. After few weeks husband spied on personal data from the past such as locations ,photographs etc then mentally tortured me for having a past relationship by not talking, being aggressive, breaking things , self harm, disrespecting me, my body , my parents, tracking me every time and finally asked me to leave his home. Since then since then I am at my parents home and he has gone no contact. We discovered that he has a personality disorder but I don’t have any proof .What should I do. And can he use that illegally procured data against me just for having a relationship in my lifebefore marriage when he was not there
A.Dear Client,
Under the Hindu Marriage Act, 1955, Section 13 (1) (iii) provides for divorce due to the mental conditions of either of the spouses has been incurable 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, 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. Borderline personality disorder (BPD) is a serious mental disorder that can be challenging for everyone involved. Borderline Personality Disorder may or may not be a disorder that would satisfy the conditions of Section 13 because such a disorder is not to such an extent that the petitioner cannot reasonably be expected to live with the respondent. So to qualify for BPD to be insanity the Hindu Marriage Act, 1955, requires that the disorder needs to be grave and untreatable. When the marriage has been conducted and it is found that one of the partners has a persisting problem of BPD before the marriage takes place, the marriage can be made void. A marriage cannot be declared void if the initial signs of BPD are found after a substantial time of the occurrence of the marriage. So, BPD is not grounds for divorce but its extreme consequences thereon can be considered as a ground for divorce keeping Sec 13 of the Hindu Marriage Act in consideration. So, before taking any final decision on the matter, you need to consult with a psychiatrist, your parents, and other family members/well-wishers, and finally with an Advocate for guidance and steps.
Under the Hindu Marriage Act, 1955, Section 13 (1) (iii) provides for divorce due to the mental conditions of either of the spouses has been incurable 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, 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. Borderline personality disorder (BPD) is a serious mental disorder that can be challenging for everyone involved. Borderline Personality Disorder may or may not be a disorder that would satisfy the conditions of Section 13 because such a disorder is not to such an extent that the petitioner cannot reasonably be expected to live with the respondent. So to qualify for BPD to be insanity the Hindu Marriage Act, 1955, requires that the disorder needs to be grave and untreatable. When the marriage has been conducted and it is found that one of the partners has a persisting problem of BPD before the marriage takes place, the marriage can be made void. A marriage cannot be declared void if the initial signs of BPD are found after a substantial time of the occurrence of the marriage. So, BPD is not grounds for divorce but its extreme consequences thereon can be considered as a ground for divorce keeping Sec 13 of the Hindu Marriage Act in consideration. So, before taking any final decision on the matter, you need to consult with a psychiatrist, your parents, and other family members/well-wishers, and finally with an Advocate for guidance and steps.
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A.Dear Client,
There are act against such domestic voilance case named domestic voilance protection act, 2005 also in IPC there is the section for the same 498A.
Regarding the illegally obtained data, legal professionals can guide you on potential actions to protect your privacy and advise on the admissibility of such data in legal proceedings. Seek support from friends, family, or counseling services to help you navigate this challenging situation and consider reaching out to organizations that specialize in domestic violence for additional assistance.
Thankyou
There are act against such domestic voilance case named domestic voilance protection act, 2005 also in IPC there is the section for the same 498A.
Regarding the illegally obtained data, legal professionals can guide you on potential actions to protect your privacy and advise on the admissibility of such data in legal proceedings. Seek support from friends, family, or counseling services to help you navigate this challenging situation and consider reaching out to organizations that specialize in domestic violence for additional assistance.
Thankyou
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