wife mental illness separated

Based on your difficult situation involving mental illness and pregnancy, here is my legal advice:

1. MEDICAL TERMINATION OF PREGNANCY (MTP):

Your Question: Can I abort through MTP?

Legal Position:
- MTP Act, 1971 allows termination up to 20 weeks (with amendments, up to 24 weeks in certain cases)
- After 3 months (12-13 weeks), termination requires medical grounds and wife's consent
- YOU CANNOT force abortion - wife's consent is mandatory
- Doctor's opinion required that continuing pregnancy would risk wife's life/physical/mental health
- If wife refuses, you cannot legally compel MTP even if doctor advised against pregnancy

IMPORTANT: Doctor's earlier advice that "child not advisable" can be medical ground, but wife's consent is still mandatory.

2. FRAUD/CHEATING COMPLAINT AGAINST IN-LAWS:

Your Question: Can I raise cheating complaint against her parents?

Yes, you have legal grounds:

A) Criminal Complaint:
- IPC Section 420 (Cheating): If in-laws deliberately concealed material facts about wife's mental illness before marriage
- IPC Section 415 (Cheating by personation): Misrepresenting wife's mental health status
- Evidence needed: Proof they knew about her condition and deliberately hid it
- Medical records showing disease is "old" supports your case

B) Civil Action:
- Sue for damages for fraud in inducement to marry
- Seek compensation for mental agony and financial loss

Key Evidence:
- Psychiatric records showing disease predated marriage
- Doctor's statement that it's "old disease"
- Evidence of suicide attempt before marriage
- Any communications showing knowledge of condition

3. DIVORCE:

Your Question: Can I go for divorce?

YES, multiple grounds available:

Under Hindu Marriage Act, 1955:

A) Section 13(1)(iii) - Unsoundness of Mind:
- Wife suffering from mental disorder
- Of such kind/extent that you cannot reasonably be expected to live with her
- Your evidence: 8 months psychiatric treatment, OCD, psychosis, poor insight

B) Section 13(1)(iv) - Insanity:
- Wife has been incurably of unsound mind
- Suffering from mental disorder of such kind/extent making cohabitation unreasonable

C) Section 12 - Voidable Marriage (Fraud):
- If her mental condition and past were concealed before marriage
- Consent obtained by fraud regarding material facts
- You can petition for annulment rather than divorce

D) Section 13(1)(ia) - Cruelty (if applicable):
- Mental cruelty due to demands for huge money
- Concealment of material facts about mental health

4. RECOMMENDED LEGAL STRATEGY:

IMMEDIATE STEPS:

Week 1-2:
- Consult family law advocate immediately
- Gather all medical records, psychiatric reports
- Collect evidence of concealment by in-laws
- Document all demands for money
- Get doctor's written opinion that marriage inadvisable due to her condition

Week 3-4:
- File divorce petition citing multiple grounds
- File fraud complaint against in-laws (parallel)
- Seek interim orders for no cohabitation
- Do NOT sign any settlement under pressure

5. PREGNANCY COMPLICATION:

Legally:
- You cannot force abortion
- If child is born, you will have maintenance obligation
- However, you can:
 * File for divorce immediately
 * Seek custody/visitation based on wife's mental condition
 * Challenge paternity if grounds exist (DNA test)
 * Contest maintenance amount citing her concealment

Recommendation: Consult with wife and family about voluntary MTP citing doctor's advice, but you cannot legally force it.

6. MAINTENANCE CONCERNS:

Your worry about "huge money demand":
- In divorce, court considers both parties' circumstances
- Her mental illness may require ongoing care (she may get maintenance)
- BUT: Fraud/concealment can reduce maintenance amount
- Your status as govt. engineer means stable income, but court will consider her fraud
- You can contest excessive demands

7. IMPORTANT POINTS:

- Act quickly - pregnancy advancing
- Divorce on mental illness grounds has strong legal basis
- Fraud by in-laws is actionable criminally and civilly
- Document everything
- Do not make decisions under pressure
- Seek professional counseling for yourself

8. BANGALORE-SPECIFIC RESOURCES:

- Family Court, Bangalore
- Karnataka High Court (if needed)
- Legal Services Authority for support
- Mental Health Review Board (if custody issues arise)

9. TIMELINE:

- Divorce on mental illness grounds: 1-2 years typically
- Annulment for fraud: 6-12 months if evidence is strong
- Criminal complaint: Investigation 3-6 months, then trial

RECOMMENDATION:

File divorce petition immediately citing:
1. Unsoundness of mind (primary ground)
2. Fraud/concealment (alternative ground for annulment)
3. File separate criminal complaint for fraud by in-laws
4. Regarding pregnancy: Consult medical ethics board and try mediation, but prepare for child if wife refuses MTP

DISCLAIMER: This is general legal advice and does not create attorney-client relationship. Given the sensitivity involving mental health, pregnancy, and fraud, please consult a family law advocate in Bangalore immediately with all medical records and evidence.