Border line personality disorder and fraud
needhelp
(Querist) 13 April 2012
This query is : Resolved
Hello sir/madam,
I got married in the month of June – 2011. After marriage I was staying in my wife’s house(for period of 2 months) as I had just got the transfer from other different location to Bangalore. During that period, after the marriage I could daily see abnormal behavior of my wife.(i.e Abuse me for no reason, Using foul language to scold me, intense anger for no reason and also anger out of control, whenever I went to meet my friends she was suspecting that I am going out to meet someone. Also I could observe her talking to self and gesturing to self when she was alone.
Since there were more fights with her mother everyday in her home, I thought that shifting to separate house could change her. So after 2 months, we shifted to new house for rent. On the day we entered the new house she stared fighting with my family members for silly reason. Started scolding me with vulgar words. Seeing all this behavior we came to know that she has some mental problems and in just two days we vacated the house and informed her parents that she has some problem and advised them to consult doctor. They accepted immediately and they took her to doctor. She was diagnosed with Border line personality disorder. Even during her treatment she had fought with her parents and had ran out of house in the night to give complaint against them. She has been taking treatment from 6 months and I am hardly finding any changes in her. Also in the medical report they have told doctor that she has this problem from 5 years. Also doctor who is treating her gives no guarantee of complete cure.
Below are the points which I need to highlight.
1. From the day1 after marriage, my marriage has not been consummated as she was facing fear in consummating.
2. It was told by her parents that she has completed her BE which she had not completed and she had 1 subject pending during the time marriage.
3. From the time of marriage she had just came to my home once in the beginning of our marriage (just after 15 days of marriage) and had stayed just for 2 days.
4. She is not able to perform her matrimonial duties.
5. She is diagnosed with Border line personality disorder which doctors give no guarantee of its curable.
6. Also from our side we have given 11 lakhs for the government plot which she had applied on her name.
7. Currently from past 2 months I am staying separate as I could not see any improvements in her.
Based on the above points mentioned can you please suggest me what is the best way to come out of this?
1. Mutual Divorce – If she agrees for this then I feel this is the best solution.
2. Annulment of Marriage – Based on the above points does this qualify for Annulment of marriage? If we need to claim for annulment of marriage, what could be considered as the strong evidence to prove marriage as Void?
3. Divorce under mental harassment – Is getting divorce under mental harassment easy or fighting for annulment of marriage easy.
Please suggest me to come out of this hell. Past 9 months has ruined my life completely and I don’t want to get ruined more.
Also please suggest me to find some good lawyers in Bangalore who are more experienced in this type of cases.
Devajyoti Barman
(Expert) 13 April 2012
Mutual divorce always remain the best solution if the conditions, if any, suits both parties.
Since the marriage is not more than 1 year old, you can file such petition only on expiry of one year from the date of marriage.
If this option does not wok then go for annulment of marriage.
Deepak Nair
(Expert) 13 April 2012
Yes. Go for divorce by mutual consent by talking to her parents.
Otherwise, there is enough grounds for divorce. The mental condition of the wife which makes it impossible to live with her and non consummation of the marriage.
ajay sethi
(Expert) 13 April 2012
non consummation of marriage is ground for dissolution of marriage . since she has border line personality disorder and according to you its not curable then you can file for divorce
Shonee Kapoor
(Expert) 14 April 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 14 April 2012
To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi , AIR 2001 SC 2110.
needhelp
(Querist) 16 April 2012
Thank you all for your valuable suggestion.
One more query,
If suppose my wife or her parents are not ready to come for mutual divorce and if we need to divorce then which one is easier either going for annulment of marriage or divorce on the grounds of mental harassment.
Also she is been shown in private hospital, where she is diagonised with border line personality disorder. Does the private hospital medical records are valid in the court as evidence.
Also i have the photo copy of medical records. Does court accept photo copy or do we need to get the original documents.
Thanks in advance for your valuable suggestion.
