Legal Question in Family Law in India
Sir
My suit filed against my wife for divorce on the grounds of cruelty and desertion is pending before the court and she has claimed maintenance for the children. She has been contesting the divorce without and substantial defense.While the hearing for maintenance was in proceedings, she has out of context charged that I was a patient of schizipernia. In the circustances whether her allegation in the presence of the court would amount to cruelty a charge alredy raised?
As allegation of schizepernia is a serious allegation, when she is charging me with that, whether I can take it up for a ground for awarding the decree of divorce sought by me as,schiziphernia itself is a ground for seeking divorce. Her charge would amount to her disintrest in sustaining marriage.
s.n.sivan
2 Answers from Attorneys
i think this question was asked earlier also. Since you are not the patient of schizophrenia, her false allegation is certainly a ground for cruelty which may be added to the existing petition of divorce. You simply have to amend the grounds by adding another reason amounting to cruelty. But, remember, it still would have to be proved that she made this false accusation in court, be it may on affidavit or by witness.
the charge of schizophrenia is a serious charge and in case it is proved that the allegation is untrue, you may seek divorce on the grounds of mental cruelty.
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