Physical & mental assault & divorce
Hitendra
(Querist) 29 November 2015
This query is : Resolved
My cousin was married on April'15 & later on found her husband as "physically unfit" for married life. He use to take some medicines before marriage & it was hide by the in-laws. But still she kept calm & waited for the things to go better but the man seems to be mentally unfit as well. He has short temper & shows ego on every topic of discussion. He tries to take poison as well after the argument. The in-laws also take the side of their son, which is obvious, but the marriage life got affected due to their such behaviour.
My cousin is seeking for the separation & Divorce now.
Please advice what law says in her favour.
P. Venu
(Expert) 30 November 2015
Has the marriage been consummated?
SAINATH DEVALLA
(Expert) 30 November 2015
Rather than a physical disorder his problem can be attributed to psychological disorder.Can be cured with proper medicare and good psychiatrist can be consulted.Breaking the marriage just after 7 months is not suggestive and not the solution.This act of separation could ruin the lives of both.Hence better opt for a counselling and mediation.
alexander
(Expert) 30 November 2015
As per Sec 12 (a) ;Hindu marriage Act 1955, a marriage is voidable if it has not been consummated on account of impotency of the Spouse
Hitendra
(Querist) 01 December 2015
It can't be called consummated due to the unfitness of the husband. But the husband also found to be immature from brain as he reacts like a kid many times, may be due to incomplete growth of brain. Can the lady demand for the psychic test in that case legally?
Hitendra
(Querist) 01 December 2015
It can't be called consummated due to the unfitness of the husband. But the husband also found to be immature from brain as he reacts like a kid many times, may be due to incomplete growth of brain. Can the lady demand for the psychic test in that case legally?
Guest
(Expert) 01 December 2015
Dear Hitendra,
Two of your statements make me wonder: (1) He tries to take poison as well after the argument, and (2) It can't be called consummated due to the unfitness of the husband.
The question arises, does he keep poison readily stocked in his house to take as and when argument takes place. Secondly, where is the question of "CALLED consumated," if you don't discuss about the real story, if told by your cousin, or doctor's report on unfitness of the husband.
Needless to emphasize, there is no room for presumption, if you want to know the legal implications of the situation told by you.
Better get both the husband and wife checked from capable sexologists and/ or psychiatrists, as the need be, to check about their individual behaviour before taking any legal advice.
For the purpose of divorce, you will have to prove both the aspects of your statement beyond any doubt.
SAINATH DEVALLA
(Expert) 01 December 2015
I feel the author is not comming out with true facts.
Dr J C Vashista
(Expert) 03 December 2015
I agree with the experts advise, get the couple checked and counselled by experts, no legal preposition involved untill they want and decided separation
K.S.Srinivas
(Expert) 06 December 2015
Yes. Divorce is possible. Consult a Lawyer.
