Wife has psychological problem
5 years ago
Dear Sir My wife has psychological problem. She some time getting violent due to her mental imbalance. We try our level best to cure her but we are becoming failure. I have a 10 month old baby boy. I want to know if divorce will happen who will get custody of child.
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client if you prove that your wife is mentally unfit and mentally ill then the court will give you the custody of child.
Helpful
Helpful
Share
VIMAL K MISHRA
Responded 5 years ago
A.Divorce can be taken on the basis of mental illness but sufficient proof is necessary for that. Here it will be seen whether the mental illness is suitable to recover or not and If you submit enough evidence then you will get divorce from your wife. In such a situation, there is a possibility that you may receive custody of the child.
Helpful
Helpful
Share
A.Dear Sir,
The custody of child even if given to you, you may not maintain the child. You will get divorce on medical grounds provided you are ready to pay alimony to her.
The custody of child even if given to you, you may not maintain the child. You will get divorce on medical grounds provided you are ready to pay alimony to her.
Helpful
Helpful
Share
A.certainly if you want you will get.
Helpful
Helpful
Share
Junaid Ali Khan
Responded 5 years ago
A.In case your wife is not able to take care of your child you can get custody of your child.
Helpful
Helpful
Share
Meenakshi Garg
Responded 5 years ago
A.Generally, the custody goes to the mother of such a small kid but in your case, if you prove that your wife is mentally unstable then the court will give you the custody.
Helpful
Helpful
Share
Kavery Anand
Replied 5 years ago
I agree with your Answer.
Meenakshi Garg
Responded 5 years ago
A.Aif you prove tha
Helpful
Helpful
Share
A.You can file petition under section 12 of Hindu marriage Act for declaring marriage is void if your have medical proof.
Prithvi Raj Sikka Advocate
Managing Partner
Law Juris
Prithvi Raj Sikka Advocate
Managing Partner
Law Juris
Helpful
Helpful
Share
Vishwabandhu
Responded 5 years ago
A.Dear Client. Your case is very complicated. Talk to me on phone. All is not so easy as u think.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir I also told you in privious answer . It will be dependent on circumstanceal or court.if Ur wife able to take care of children then going to the custody of children to Ur wife. If not able then you will get it
Helpful
Helpful
Share
Manjula Shanmugasundaram
Responded 5 years ago
A.Unless you can prove something seriously wrong (to the extent of causing danger to the child), all likelihood is for the mother to get custody
Helpful
Helpful
Share
Nirmal Chopra
Responded 5 years ago
A.U should first of all consult a specialist doctor to determine level of problem. If u want to seek divorce, u shall have to prove mental illness to be such degree which can be dangerous for the child and is not curable.
However, one friendly advice.The care a mother can take of the child, no body else can do.So take her to a doctor first instead of going to court.if she is well, everything else will be well on its own.
However, one friendly advice.The care a mother can take of the child, no body else can do.So take her to a doctor first instead of going to court.if she is well, everything else will be well on its own.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir custody of children it is dependent on circumstanceal or dependent on court proceedings
Helpful
Helpful
Share
Gopal Bansal
Responded 5 years ago
A.Dear concerned,
First of all, you have not stated in your query that whether you are a Hindu, or a Muslim, or a Christian by religion, because marriage, divorce, guardianship and custody are such kind of issues which are decided on the basis of personal laws which differs from religion to religion. If you are a Hindu, following rules will be applicable on you in this regard:
(1) If your wife has psychological problem, you can file a petition of divorce on the ground of mental disorder u/s 13 (1) (iii) of the Hindu Marriage Act, 1955 but you have to prove that the the disorder is of an incurable nature
(2) If you succeed in your divorce petitiion, then your wife will get the custody of the male child having 10 months of age, because mother is considered as the natural guardian of any child below five years of age under section 6 (a) of the Hindu Minority and Guardianship Act, 1956. In case you want the custody of the minor child to be with you, you have to prove that the custody with the mother is not safe and / or not in interest of the child
For more information, you should contact a good legal practitioner from the Vidhikarya platform.
First of all, you have not stated in your query that whether you are a Hindu, or a Muslim, or a Christian by religion, because marriage, divorce, guardianship and custody are such kind of issues which are decided on the basis of personal laws which differs from religion to religion. If you are a Hindu, following rules will be applicable on you in this regard:
(1) If your wife has psychological problem, you can file a petition of divorce on the ground of mental disorder u/s 13 (1) (iii) of the Hindu Marriage Act, 1955 but you have to prove that the the disorder is of an incurable nature
(2) If you succeed in your divorce petitiion, then your wife will get the custody of the male child having 10 months of age, because mother is considered as the natural guardian of any child below five years of age under section 6 (a) of the Hindu Minority and Guardianship Act, 1956. In case you want the custody of the minor child to be with you, you have to prove that the custody with the mother is not safe and / or not in interest of the child
For more information, you should contact a good legal practitioner from the Vidhikarya platform.
Helpful
Helpful
Share
Read Related Answers
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
My parents trying to control my life they want to control me like papate.
Dear Sir/Madam
If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
Money fraud done by brother
Dear Client,
In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
Inquiry Regarding Maintainability of GWOP Case
Dear Madam
GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory
Domestic violence by step son with abusive language
Dear madam
You may immediately lodge complaint with higher police officers and also file domestic violence case.
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
