If you are seeking divorce from a spouse who has a pre-existing mental health condition specifically marked by aggression and abuse, understanding the appropriate process given this particular and genuinely sensitive combination of circumstances is important.

The first thing to understand is that your specific situation potentially involves two distinct legal considerations requiring careful and separate analysis, since you may have grounds for either annulment, given the pre-existing nature of this condition, or divorce, given the specific aggressive and abusive conduct this condition manifests.

If this mental health condition genuinely existed at the time of your marriage and was not properly disclosed to you, this could potentially support annulment under Section 12(1)(b) of the Hindu Marriage Act, 1955, addressing a mental disorder existing at the time of marriage rendering the respondent unfit for marriage and procreation, as discussed extensively in relation to establishing this specific ground, though it is genuinely important to understand the strict one-year limitation period applicable to this specific remedy, meaning if a considerable time has passed since you discovered this condition, pursuing annulment on this specific basis may no longer be viable.

If this limitation period has genuinely lapsed, or if you prefer to pursue divorce given the specific abusive conduct rather than focusing on the mental health condition itself, the more directly applicable ground is cruelty under Section 13(1)(ia) of the Hindu Marriage Act, since the specific aggression and abuse you have experienced, regardless of whether it stems from an underlying mental health condition, genuinely satisfies this ground where properly documented and established.

It is genuinely important to understand, and approach with appropriate compassion, that courts examining this specific type of case will properly and carefully consider the underlying mental health condition as relevant context, but this context does not itself excuse or prevent a finding of cruelty where the actual conduct experienced has genuinely and demonstrably caused you sustained mental or physical harm, since your own safety and wellbeing remain genuinely paramount considerations regardless of the underlying cause of your spouse's specific behaviour.

To properly build your case, it is essential to document the specific pattern of aggression and abuse, including specific incidents with dates, medical records documenting any physical injuries, any psychiatric records or diagnoses relevant to your spouse's condition if these are available to you, and witness testimony from family members or others who have observed this specific conduct.

If your spouse's condition has involved genuine efforts at treatment, such as medication, therapy, or hospitalisation, it is worth understanding this context is worth properly presenting to the court, since it demonstrates the genuine severity of the condition while also potentially showing that reasonable efforts at management have been attempted, though continued aggression and abuse despite these efforts genuinely supports your case that continued cohabitation cannot reasonably be expected of you.

Given the genuine severity of aggression and abuse specifically, you should also consider pursuing comprehensive civil protective remedies under the Protection of Women from Domestic Violence Act, 2005, ensuring your immediate safety through Protection Orders and, where necessary, Residence Orders addressing appropriate accommodation, entirely apart from your broader divorce proceedings.

If your spouse's specific mental health condition raises genuine questions about their capacity to properly participate in legal proceedings, it is worth discussing with your advocate whether any specific procedural considerations, such as appointing a guardian ad litem to properly represent their interests in the proceedings, might become relevant, since courts take genuine care to ensure proceedings are conducted fairly where a party's mental capacity is genuinely in question.

Given how genuinely sensitive and complex this specific combination of circumstances is, spanning both the underlying mental health considerations and the genuine safety concerns arising from the abuse itself, it is essential to consult an experienced family law advocate for compassionate, properly informed guidance. You can reach out via Aapka Legal Advice for a confidential, compassionate consultation on properly pursuing divorce given this specific and difficult combination of circumstances.

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If formal legal representation is required, engaging an experienced advocate will ensure this genuinely sensitive matter is handled with appropriate care and evidentiary rigour.

In summary, the process for seeking divorce from a spouse with a pre-existing mental health condition marked by aggression and abuse involves pursuing cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, or, where the strict one-year limitation period remains open, annulment under Section 12(1)(b), properly documenting the specific pattern of abuse alongside any relevant psychiatric records, while simultaneously securing immediate safety through comprehensive protective remedies under the Protection of Women from Domestic Violence Act, 2005, given the genuine severity these specific circumstances involve.