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Saravanakumar (Software Engg)     03 May 2013

Diverse on hiding facts on prevailing ailment

Hi All,

My cousin got married about 3 months ago and recently he got to know that his wife has some medical problems (Related to brain where there is less of brain flow to the right brain which leads to severe head-ache, sleep disorder, forgetfullness etc) before marriage and now she is taking about 30 tablets every day. His father-in-law says that this medical problem developed only now and he is not showing the medical history as well. (He gave a photocopy of the medical report after striking the date, doc's name, contact details etc). She is not taking the medicines also and his father-in-law says that she used to be like that...and not really co-operative. Yesterday after taking to her for more than one hour, the girl says that she has a problem from 2005 from then she talks to somebody (She claims that to be a ghost) within herself and she was not ready for the marriage....it was her parents and siblings forced her by threatening for the marriage. Now, it looks like she also has some psychiatric problems. 

My cousin feels that he can't live with her anymore...He feels cheated by his in-laws who are not co-opertive as well. The in-laws are politically and economically strong people and hence he is afraid for any move. Now what are all the options he has ? Divorce on mutual concent may not be possible and hence, if he has to prove that the in-laws were hiding the facts and she has some psychiatric problem what are all the documents he needs ? How can he prove that she has all of these issues in the past ? Do we need to get all these evidence documentation before sending a notice or filing the case ?

Appreciating your guidance & support.



Learning

 5 Replies


(Guest)

My friend,she is clearly suffering from psychiatric problems most likely Schizophrenia.

Try to get the reports from 2005 onwards,use a private detective if necessary.If you have got them you have a very strong case for Nullity of Marriage.

If he can adust and live with the girl,then he should do so ofcourse.

1 Like

(Guest)

And record her confessions!

Saravanakumar (Software Engg)     03 May 2013

Hi all,

Thanks for your replies. If he wants to file annulment of marriage, what are all the documents he would be needing ? How can he prove that the girl had some psychiatric  problem before and during marriage ? She had undergone medical treatment for the headache..sleep disorder etc before marriage without telling my cousin on the same. But she said that they used to go to Kerala for the treatment for her psychiatric issue...But not sure whether we get any medical histry on the same...and whether that will be valid under the law. 

But a certification from the docter citing her problem and duration can be a base for filing annulment...? I see this be a big trap my cousin got into...dont know honestly donno how to come out of this..? He had lots of dreams about his marriage , wife and all...he is shell shocked now...? He said that he would take extreme steps if he is asked to live with this girl like this...

Any guidance in this regard will greatly be appreciated.

Adv k . mahesh (advocate)     03 May 2013

unfourtunate to here the problem with your wife 

1.  you have to show her to a doctor with speciallised in psycratic doctor they will analyze her and give a report from when she is sufering

2. if it is not curable then tell the doctor the facts and with him on case history to write

3. if it is curable then you cousin is at safe and take the steps how to cure it and he is a happy person again

4. i think except this only problem if it is curable you would be on safe side if not then after taking the medical history and also try to get from you in laws the report say for her treatment you are trying to meet specialized doctors and then do what you want to  

sridher (system analyst)     03 May 2013

file the case (fraud in the marriage by concealment of disease )in court you can for medical officers appointment for proving the ailments choose a good lawyer


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