Can mentally depressed husband file a divorce petition.
6 years ago
My daughter's husband who is mentally depressed [doctor's certificate are there] can file a divorce petition?
Is it legaly valid.
She doesn't want divorce.
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client in your matter Yes. In order to contest and protect the interest of your daughter better to consult quickly a family matter senior Lawyer to guide & help you and defend in family court.
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A.Suits by or against minors and persons of unsound mind:
Minor is a person who has not completed the age of 18 years and in the case of a minor of whose person or property a guardian has been appointed by a court or whose property is under a Court of Wards, the age of majority is completion of 21 years.
Every suit by a minor shall be instituted in his name by a person who, in such suit, shall be called the next friend of the minor. The next friend should be a person who is of sound mind, who has attained majority, who is not a defendant and whose interest is not adverse to that of the minor. (Order XXXII, Rules 1 and 4).
Explanation 1 to Rule 1 or Order XXXII lays down that in this Order “minor” means a person who has not attained his majority within the meaning of S. 3 of the Indian Majority Act, 1875, where the suit relates to any of the matters mentioned in els. (a) and (b) of S. 2 of that Act or to any other matter.
Minor is a person who has not completed the age of 18 years and in the case of a minor of whose person or property a guardian has been appointed by a court or whose property is under a Court of Wards, the age of majority is completion of 21 years.
Every suit by a minor shall be instituted in his name by a person who, in such suit, shall be called the next friend of the minor. The next friend should be a person who is of sound mind, who has attained majority, who is not a defendant and whose interest is not adverse to that of the minor. (Order XXXII, Rules 1 and 4).
Explanation 1 to Rule 1 or Order XXXII lays down that in this Order “minor” means a person who has not attained his majority within the meaning of S. 3 of the Indian Majority Act, 1875, where the suit relates to any of the matters mentioned in els. (a) and (b) of S. 2 of that Act or to any other matter.
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A.I meant since you have a document to show that your son in law is not mentally sound to file and understand what petition he has filed, and your daughter opposing the divorce, he will not get it.
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A.When your daughter herself does not want a divorce, who else can get it ?
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Ambrose Leo
Responded 6 years ago
A.Yes. In order to contest and protect the interest of your daughter better to consult quickly a family matter senior Lawyer to guide & help you and defend in family court.
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Debolina Das
Responded 6 years ago
A.Yes, a male can seek divorce from his wife even if the wife doesnot consent for the same. Divorce can be initiated by either of spouses. Mutual consent of the both husband and wife is not an essential for seeking divorce. If wife doesnt consent for divorce husband has the option to file for Contested divorce after consulting with the divorce lawyer. There are so many grounds under contested divorce like cruelty, mental disorder. Cruelty can be emotionaly, phsically or mentally, when the health of a spouse is in danger because of other spouse and on the other hand when the husband or wife suffers from any mental disorder and is incapable of performing any duties... When a person seeking divorce whether it is contested or mutual, there are various types of legal aspects that need to be taken care of.
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Nirmal Chopra
Responded 6 years ago
A.There is difference between mental disease and mental depression. Hindu law doesn't recognize mental depression as a ground for divorce
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