Can i prove my wife's acute psychosis in court 4 divorce?

Question

she was undergoing treatment for acute psychosis before our marriage. i was not knowing about that and now our divorce case is under progress.. i dont have any solid evidence against her and she is not ready for seperation... please help..

Answer 1

Acute psychosis can be a ground for divorce under section 13 (1) (iii) of the Hindu Marriage Act, 1955 provided it is covered under the mental disorder as defined therein; Section 13 (1) (iii) HMA provides: - Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation- In this clause-

(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment;

In your case if your wife is still suffering from the acute psychosis then in order to get decree of divorce under this provision you will require her complete medical record & evidence to prove this charge to obtain divorce from her. Otherwise her mental status before the marriage & the treatment she got for the mental disorder could be a ground for annulment of marriage U/S 12 HMA for hiding material fact concerning the respondent/wife mental status from you for obtaining your free consent for the marriage thus committing fraud, but this petition for annulment should have been filled within one year the fraud had been discovered. In this case too the medical record to her treatment & medical evidence with regard to her mental condition before/at the time of the marriage would be required. If you can get hold of any of the medical record to her medical condition & treatment you will be having a good case against her.

Answer 2

You can mention it but the court won't give your accusation any merit unless you have documented proof.  Besides, it probably wouldn't make a difference if this was before you married and there haven't been documented incidents since.