Is my marriage elligible to be nullified?
Ramesh
(Querist) 18 April 2011
This query is : Resolved
Date and year of marriage: 10/11 June 2004
My spouse parents does'nt allow her to stay with me till 10th December 2004.
Some how I convinced her parents, finally I start to live with my spouse from above said date.
Surprisingly, I came to know that, her behaviour was not like a normal women, all of a sudden she starts to shout... some times she excited.. she laugh without reason.. and she weep. Another interesting thing was.. she cook very nice.. she maintain the home very neat and clean.. Frequently she used quarrel for no reason... sexual orientation is totally nill... her body almost looks like a male one.
I managed some how till 1st January 2005, finally she made a big gallata, she ran and start to shout all along the street and finally she made a call to her parents. My lady owner persuade her and take her to their house that night.
Next day her brother came and take her to their home.
Till date no response from them, I myself went to her thrice to persuade, she never came to approach me, instead their parents used to respond in a negative sense as if I made the mistake.
almost 18 months back, they filed the petition for maintenance and made the allegation against me as " dowry harrasement and I quarreled with her by drunk".
Meanwhile our doctor opined as she is having some mental disorder i.e. Schizophrenia.
Kindly suggest me how best I can proceed otherwise, My life will be in vein. Now I am already 41.
Thank you very much.
Yours faithfully
Dr. A RAMESH
R.Ramachandran
(Expert) 18 April 2011
The question of your marriage getting nullified is very remote.
However, you can file for divorce. If you get divorce, naturally you have to pay maintenance to your divorced wife.
Advocate. Arunagiri
(Expert) 18 April 2011
If you can prove that the girl is having the mental disorder even at the time of marriage, you can seek an order for nullity of marriage.
Jitendar Kumar gupta
(Expert) 19 April 2011
you can file a divorce case and also contest the maintenance case
Ramesh
(Querist) 20 April 2011
Dear Arunagiri Sab,
Thank you very much for your kind reply.
Both the parents(my and her) made the arranged marriage according to hindu culture, later purposefully they kept my wife as isolated just to hide the defects.
Practically we never became husband and wife, no relationship build between us. Then how the question of divorce and maintenance arises?
Its one kind of cheating and exploitation of male person.
After six years, even if I get the certificate about her mental status what is the use! whether she is healthy or mad, the consequences will be the same. Another thing is, if they allowed her to live with me as a wife even for a single day, then it's meaningful to think about the divorce and for giving maintenance.
Please Sir kindly reply to this.
Thank you very much.
Yours faithfully
Dr. Annaiah Ramesh
SENTHILKUMAR.S
(Expert) 21 April 2011
As per Hindu Marriage Act, s.12 governs the conditions with respect to the nullity of hindu marriage. As per S.12(b) violation of S.5 of the said Act is also a ground for nullity. S.5-ii(c)OF Hindu Marriage Act is clear and say that, neither party to the marriage could be subject to recurrent attacks of insanity.
Secondly, if there were no intercourse, as per law it can be said that,the marriage is not consummated. S.12(a) says, non consummation of marriage owing to the impotence is a ground for nullity. FOR ALL THESE, THERE SHOULD BE COGENT AND CONVINCING MEDICAL AS WELL AS OTHER EVIDENCE.
