Daughter with mental illness abused by husband, does mother have the right to propose divorce?

Reader N.T. B (in Lang Son) asked: "My daughter has been married for 10 years and has 2 sons. My family and my daughter's husband's family are from the same commune, and have known each other a little before. Therefore, when the children came to ask for permission, the two families decided to hold a wedding without any hesitation.

My husband died early, so I only had a daughter. Therefore, when my daughter was married to someone nearby, my mother was really happy. My husband and I have stable jobs. After getting married for more than five years, my daughter gave birth to her first child. Three years later, she gave birth to her second child. My son-in-law is a hardworking person, caring and loving his wife and children. I thought that if my daughter had a stable family and lived happily, I would be able to enjoy my old age.

Ironically, more than 2 years ago, my daughter suddenly developed mental illness. My son-in-law tried every way to treat his wife. Although his wife was sick, his son-in-law still took good care of her, without a word of complaint. Fortunately, after a period of treatment, my daughter recovered and went to work normally.

However, my daughter recovered from the disease for nearly 1 year and then relapsed. In recent months, the frequency of my daughter's illness has become increasingly frequent. In the early days when my daughter just got sick again, my son-in-law still ran treatment and took care of her wholeheartedly, but my daughter's condition did not improve.

Perhaps because of the pressure of life, young children, sick wife, sometimes awake, sometimes in a coma, my son-in-law became discouraged. About 3-4 months ago, my son-in-law no longer treated and took care of his wife. Even recently, he often went crazy and beat my daughter. Many times I went to the house and saw my daughter's face and limbs bruised. Last week, when I visited my children and grandchildren, I saw things being thrown and broken all over the house, two children huddled in the corner of the house sobbing. My daughter's face was bruised, swollen, crying and laughing in the middle of the house.

I am extremely heartbroken and pity my daughter. I want to bring my daughter home to take care of her. But my daughter has married, I don't know what kind of person to bring my daughter home to. I once thought about divorcing her. But my daughter is now crazy, so I don't know what to do? Can I, as a biological mother, propose to the Court to let my daughter divorce? I am currently confused, and I really hope to get advice from a lawyer.

Legal issues readers ask, lawyer Duong Thu Hien - Thanh Lam Law Company Limited - advises as follows:

Clause 2, Article 51 of the Law on Marriage and Family 2014 (amended and supplemented in 2025) stipulates the right to request divorce resolution as follows:

“2. Parents, other relatives have the right to request the Court to resolve divorce when one spouse is mentally ill or has another illness and cannot recognize or control their actions, and is also a victim of domestic violence caused by their husband or wife, seriously affecting their life, health, and spirit”.

Clause 1, Article 22 of the 2015 Civil Code stipulates: "When a person is mentally ill or suffers from another disease and cannot perceive or control their behavior, at the request of a person with related rights and interests or of a relevant agency or organization, the Court shall issue a decision declaring this person as a person with civil act incapacity based on the conclusion of a forensic psychiatric examination...".

Based on the provisions of the law, your daughter is mentally ill and cannot perceive and control her actions. At the same time, she is your daughter, a victim of domestic violence caused by her husband, seriously affecting her life, health, and spirit. Therefore, you, as a mother, have the right to request the Court to resolve the divorce.

To request a divorce for her daughter, she needs to carry out procedures to request the declaration of a person who has lost civil act capacity for her daughter. Ms. Ca, Clause 1, Article 376 of the Civil Procedure Code stipulates the Right to request the declaration of a person who has lost civil act capacity, is restricted in civil act capacity or has difficulty in perceiving and controlling behavior as follows:

“1. People with related rights and interests, relevant agencies and organizations have the right to request the Court to declare a person incapacitated in civil acts or restricted in civil acts or having difficulty in perceiving and controlling acts according to the provisions of the Civil Code. ”.

After receiving the Court's decision on declaring her daughter to have lost civil act capacity with legal effect, and at the same time having documents and evidence proving that her daughter was beaten and abused by her husband, and was a victim of domestic violence, she filed a request for the court to resolve the divorce for her daughter according to regulations.

The above is the advice of the lawyer. I hope you will soon resolve your problems.