How can husband legally request medical test in contested divorce case?

Wife is having severe mental illnesses - Schizophrenia and Bipolar type 2, and taking medications without husband's knowledge. Husband got a solid proof that she is mentally ill. When he confronted, she started going for studying higher education - to live separately from him. She claiming to live separately as he is abusing her, through her DVC Case. If he is filing contested divorce, how to make her take the medical test to prove his point legally? She is utilizing all legal tools to exploit his life altogether, need help.

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 22 Nov 2024

If you want to tackle this issue legally, you can file a petition seeking a mental health evaluation for your wife in the court. This can be done in your contested divorce to determine and establish the grounds for your claims of her mental illnesses. If the court grants the evaluation and substantiates what the report is saying, then this will be an evidence to support your divorce on grounds of mental cruelty or unsound mind. She would be looked at, in court, as your legal spouse, invalidating her future claims when if she does win.

Admin
Advocate By LEAD INDIA Answered: 08 Nov 2024

Sir, you can file a petition for mental health evaluation during the divorce proceedings which will show that her mental health is relevant to the case. It is advised to consult an expert lawyer who will assist you in understanding your rights. For further legal assistance contact us on our helpline number.  

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