Legal Question in Family Law in India
I am married in the year 2004, she was suffering from some mental disorder and they suppressed it. After she conceived in 2005 I came to know that and after a female child was born she was behaving abnormally.
I took her to psychologist, NLP specialist, and also to a Psychiatrist who said that she is suffering from Adjustment Disorder with Depression and she needs to be treated at least for 6 months to 1 year so that she can become normal person.
This suggestion he gave on 8th February, 2007 and on the pretext that she will take medicines she left my home on 21st February,2007 and did not return back to my home in spite of many talks after that by mediators and I tried to the issue to her .My daughter was at that time 6 months old.Psychiatrist said that only if she takes the complete course she could be cured or else it will become dangerous in future.
I waited till july 2008 for her and then filed for divorce. Now she is supposed to be cross examined now within few days.
And also Psychiatrist is ready to reveal everything before the commissioner.
So please explain at the earliest whether I will get divorce on the ground that she is mentally not fit and moreover in spite of knowing this she caused mental agony to me all these days by not taking medicine.
Can this petition be won on mental cruelty ground.
2 Answers from Attorneys
when the doctor had opined that it is basically the adjustment problems due to which she is suffering from depression, it was your duty to make the environment at home conducive to her mental health. you should also have thought of your own daughter. i dont think the case of mental cruelty would stand in your favour rather it is she who can prove mental cruelty on your part. however, it would be difficult to give a conclusive opinion unless the details of her defence are mentioned by you.
Why you want to predict the result of a litigation? You should wait conclusion of trial. On merits, I agree with the above opinion. You may be guilty of "cruelty" and "domestic violence" and may be liable to pay her damages and compensation.
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