Legal Question in Family Law in India

Re: child cust.

Your facts may be insufficient for proper opinion. Your allegations, if not established, may constitute cruelty/violence against her and you may suffer criminal prosecution.

Your declaring her as a person suffering 'mental disorder' may have no value.

The question of child custody will be decided by the court in the interest of the child after determining situation of the parents;

However, if a court of law, based upon evidence and medical reports, has declared her as mentally incapable of handling the child, you may surely get custody, if you are found suitable.

Re: child cust.

It may not be in your hands to divorce your wife. Mere mental illness may not be sufficient to constitute a valid ground for divorce. The mental illness, as a ground for divorce, has to be to such an extent that the life of the spouse is endangered.

You should be very cautious in levelling an allegation of mental disorder. It may prove to be very risky for you.

An unsubstantiated allegation of "mental disorder" may bring you more misery that relief; because she may initiate criminal proceedings against you for levelling false allegations, which may constitute CRUELTY AND DOMESTIC VIOLENCE.

You may be visited with severe consequences including a jail term.

Re: child cust.

you have to prove your wifes mental disorder and also that it is not in welfare of child to be with her

Re: child cust.

Facts not sufficient to formulate any advice.

Please mail all the facts including what illness she is suffering.

Re: child cust.

you will have to prove to your wife's mental disorder satisfaction of the court .