Can I divorce my wife due to mental illness?

Neither you nor your spouse can avoid a certain divorce by pleading mental health issues. Nevertheless, a person going through mental illness may be entitled to some additional privileges and protection under the law especially if the respective spouse is residing in the mental health facility.

Can you divorce your wife if she is mentally ill in India?

New Delhi: A husband or a wife is entitled to divorce if either spouse is found to be mentally unsound or indulges in cruelty, the Supreme Court has held.

Is mental illness grounds for divorce in India?

Mental illness of a person itself is not a ground for divorce; according to law, if a person has mental disorder of a kind that the spouse cannot be reasonably be expected to live with them, then divorce may be granted.

How do you divorce a mentally unstable person?

Divorcing Someone With A Mental Illness

1. 5 Considerations When Divorcing Someone with Mental Illness. Divorce can be a difficult process for everyone.
2. Be Compassionate.
3. Keep Spousal Support in Mind.
4. Give Them Time.
5. Cut Yourself Some Slack.
6. Don’t Deny Child Custody.
7. Final Thoughts.
8. Protect What Matters Most.

Can you divorce a mentally incompetent person?

As mentioned above, mental incapacity is grounds for divorce, but only if a court formally declares a person to be incompetent after an examination by a committee of three medical professionals.

Is depression a ground for divorce?

Depression, temporary phase of mood swings or mere unsound mind cannot be a ground for divorce , it should be an incurably unsound mind or a mental condition like schizophrenia , the Karnataka High Court has ruled.

How to get a divorce if your husband is mentally ill?

If the Official Solicitor agrees to act as litigation friend for your husband or wife, you’ll be able to file for divorce. Email or call the private family law team if you have an enquiry about divorcing someone who lacks mental capacity.

What happens if your husband or wife lacks mental capacity?

If your husband or wife lacks mental capacity. You can apply for a divorce if your husband or wife ‘lacks mental capacity’ and cannot agree to a divorce or take part in the divorce case. Your husband or wife will need someone to make decisions for them during the divorce.

Can you get a divorce if your spouse is insane?

However, the rules of criminal procedure aren’t applicable in divorce cases. You or your spouse can’t avoid a divorce by pleading insanity. Nevertheless, a spouse’s severe mental health issues may entitle that spouse to additional protections under the law, particularly if that spouse is housed in a mental health facility.

Can I get a divorce if my husband or wife lacks capacity?

If your husband or wife lacks mental capacity. You can apply for a divorce if your husband or wife ‘lacks mental capacity’ and cannot agree to a divorce or take part in the divorce case. Your husband or wife will need someone to make decisions for them during the divorce. The person who acts on their behalf is called a ‘ litigation friend ’.

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