how to deal with a man when he try to divorce his wife on false charge of incurable mental diesese?

Question

some body jumps in a marriage with a view to earn a fortune through his wife and later finds not so hopeful and try his luck somewhere else by trying to divorse his present wife in the pretext of incurable mental disorder within 1st year of his marriage, how can we fight against such lustful greedy people
who are hungry to be rich my marrying and desert his wife in the midnight once his ambition is not fulfilled? Is it not a social crime? Such people are in the prey to destroy many more family lives just to be rich overnite. Please submit your experience, guidelines on the matter. Thank you.

Answer 1

Divorce on ground the ground of that the respondent/wife has been incurably of unsound mind, or has 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. This is a very serious ground & it has to be proved by the petitioner/husband that his wife’s mental illness was as intense as to justify a reasonable apprehension that it would be impossible or unsafe for the petitioner/husband to live with her.
Any petition for divorce can only be filed after one year of the marriage. But the annulment of marriage on the ground that at the time of the marriage she was incapable of giving a valid consent of it in consequence of unsoundness of mind; or though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or has been subject to recurrent attacks of insanity. And consent to such a marriage was taken by force or fraud then only the petition for annulment should be presented within a year or the marriage. In both the above mentioned cases it has been held by the various High Courts & even The Supreme Court of India that the proof of such allegations has to be very strong in order to provide any sort of relief. So don’t worry the onus of proof is on her husband that has to be very strong in nature to satisfy the court for either granting Divorce or Annulment as the case may be.

Answer 2

In this day and age, cheating doesn't mean much when seeking a divorce, however it does make a small impact on child custody. The fact of the matter is who has physical custody of the children right this minute? Also you must be capable of validating mental illness, versus just claiming she is mentally not stable, and even when you do prove that she may be mentally unstable, their is always the chance that she could be in therapy or counseling, and this of course will make the accusation of mental illness go down the tube. Draining your bank account can be effective if you called the police right away then pressed charges, however if her name is on this account with you, then you can just forget it. Not to be negative, but the bottom line that steals the whole show is the fact that she is in what the courts call, The Family Home. Being that she is still in the home that the military made you leave, is in her favor. Above anything else that would have given you leverage would have been you staying in the family home, as courts and judges don't like to take the children out of their comfort zone. The best thing for you to do is to hope that her character is so sick and damaged, that the courts find you a better choice? And of course, get a good attorney, as you will need it. Good Luck

Answer 3

Beofre Divorce one should file a petition for dowery demand in a family court to get the parents and the boy arrested so that the truth can be recorded in police recors so that they cannot takeup the ground that the wife has been incurably of unsound mind, or has 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. Moreover before the family court passes the order in favour of the husband, he cannot marry another girl and if the society knows about this no one will come forward to give his daughter for re-marriage.

This is a very serious ground & it has to be proved by the husband that his wife’s mental illness was as intense as to justify a reasonable apprehension that it would be impossible or unsafe for the husband to live with her.

Any petition for divorce can only be filed after one year of the marriage. But the annulment of marriage on the ground that at the time of the marriage she was incapable of giving a valid consent of it in consequence of unsoundness of mind; or though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or has been subject to recurrent attacks of insanity. And consent to such a marriage was taken by force or fraud then only the petition for annulment should be presented within a year or the marriage. In both the above mentioned cases it has been held by the various High Courts & even The Supreme Court of India that the proof of such allegations has to be very strong in order to provide any sort of relief. So don’t worry the onus of proof is on her husband that has to be very strong in nature to satisfy the court for either granting Divorce or Annulment as the case may be.

Answer 4

I guess I have been lucky. I am still married to the same man I married almost 50 years ago. However, I think I can give you some good advice.

Get a certification from a psychiatrist or mental institution that there is nothing wrong with you mentally. Then sue him for adultery or whatever charge will stick.

Answer 5

Before jumping in to marriage it is better to investigate the person in question antecedence, you cannot change a persons character over night It is better to part with him rather than live with him. Such person deserve condemation from soceity. But make sure he should not spoil another women victim of his lust.

Answer 6

Hey let me know once you get the answer - my wife and her folks did it to me stiphend as much as possible and then when I realised their intention and refused to pay anymore my wife emptys my falt into her pop's house, deserts me and keeps spreading all rumors now she wants me to file a divorce so she could suck out the maximum out of me!!

Only thing that I could advice you is to not take any medicines for depression or stuffs like that since if your husband can prove it you are done.

Secondly what is your wish do you want to continue with that marriage or ...

If you want to continue file a RCR legally ie Restitution of Conjugal Rights ie legally asking your Husband to join you..

Else there is something called Domestic Violence Act, Dower harassment, Defamation, etc that you could charge your hubby with a free of cost service provided by the Govt of India to ensure that the woman suck out what ever possible from the husband ie kind of making the woman charge like a pros. and wasting a life time on it - I would never advice you on this.

My sincere advice would be walk out of the marriage with out wasting time and your life and continue....if you need more legal advice as a friend I could advice....

Answer 7

you just don't marry any one with out knowing them properly. Check out references. Check their credit history. Most important now a days is a Prenuptial Agreement. You agree that in case one of the person wants a divorce then how its going to be worked out. All in advance . If someone refuses to sign that then you know they are not sincere and may have a hidden agenda.

Answer 8

First of all this person is sounding like a jerk and greedy. why do you want him to continue in marriage? second thing is get girl reviewed by a doctor and challenge his finding in court. Good luck Spartan

Answer 9

I guess you can say that since i am poor i don't have that problem but i know exactly what you are talking about. Such people will pay for their actions. It will come home to them!

Answer 10

are u sure that the lady is not suffering from some mental disorder? i am asking u ,because i know a lady who look and work normal ,but after her marriage she does not make sex relation with him and if sometime he forcibly wants to make it she runs out of room without clothes on her body ,shouting that he want to kill her