Mental illness (schizophrenia) and annullment
Guest
(Querist) 19 March 2015
This query is : Resolved
1. I am married in month of Feb, 2014 and It was an arranged marriage.
2. After marriage I noticed her abnormal and erratic behavior of my wife.
3. I informed their parents and mediators from their side along-with my uncle about the same followed by audio recording of entire meeting. In which they admitted that she is having mental illness since 4 yrs and we should disclose about her illness at the time of marriage negotiations. The mistake is accepted by her parents.
4. They convinced that it is a minor problem (simple anxiety or minor depression) and will be get cured by treatment.
5. So, I started her treatment with private hospital. During treatment the psychiatrist diagnose that my wife is suffering from Chronic Schizophrenia which is not curable and also Govt Hospital issued the certificate for the same.
6. She was not interested in coming out of the house, and not even like to go out for a movie, temple or any relatives or friends place. Very suspicious in nature and with suicidal tendencies.
7. This went on till 2nd month of the marriage, I was restless seeing this behavior, some times she looked normal she does her work but some time very dizzy, sometimes not allowing me to slip till 3 am due to her condition, called me during office time very often as she is not feeling well etc.
8. when she sits on a chair she swings her body front and back moving her legs all the time and she moves her eyes balls left and right upwards, if you see it looks little scary. Involuntary body movements like jaw movement and shoulders movement.
9. Mental torcher I faced during the 2.5 months of my marriage it was like hell. So I discussed with my elders and decided to send her to their parents’ home as I can't take any more, not able to concentrate at work restlessness, many sleepless nights.
10. After that I filed a petition U/S 12 (1) (b) and my wife filed a petition of RCR on me.
11. I have a lot of evidence like her medical prescriptions before marriage and after marriage (few of them are forged by them to conceal her actual disease); certificate mentioning her disease issued by govt hospital; audio recording in which they admitted their mistake/sin and requested not to take any extreme action.
12. In their RCR petition they falsely mentioned that the parents of my wife informed me about her illness before marriage.
Query 1: Please let me know that can I file other criminal petitions against them like U/S 420 or 417; forgery U/S 468, perjury and defamation etc. and will they get punishment in this type of cases. And what will be the punishment for them.
Query 2: Before marriage I went to watch movie with her twice and now they insisted that why dont you analyze the girls behavior that time?, In my view, it is a internal disease and cannot analyze and suspect this type of disease by meeting 2-3 times. So whether it will affect my case.
Please suggest.
Devajyoti Barman
(Expert) 19 March 2015
1. No criminal case of cheating lies nor of forgery.
2.Yes, it was your fault not to understand her properly.
It may damage your case and hence focus more on post marriage cruelties.
Guest
(Querist) 19 March 2015
In my view it is a purely cheating and fraud case U/S 12 (1)(C) as it is a internal disease and no one come to know by mere observation. This material fact is known to her parents and should reveal at the time of negotiations. I dont know how is that my fault. Even they provided forged prescriptions while ask for her treatment. That shows their intentions...Plz clarify
Advocate Kappil Cchandna
(Expert) 19 March 2015
Sir,
No criminal case, better contest your annulment petition on merits .....
Regards
Kapil Chandna Adv 9899011450
Guest
(Expert) 19 March 2015
Not enough ground to refuse RCR. Any case under U/S 420, 417 of 468 is also not likely to stand.
Better learn yourself to cope with stress and identify of early warning signs of relapse on your wife to help her manage with schizophrenia appropriately.
ajay sethi
(Expert) 19 March 2015
if fact of her suffering from mental illness was suppressed before marriage you would be entitled for annulment of marriage on account of fraud
Guest
(Querist) 19 March 2015
Thanks Ajay Sir.....
Yes her mental illness was suppressed before marriage by her parents as well as by wife.
Rajendra K Goyal
(Expert) 19 March 2015
Have you enough proofs of her incurable mental disease with which she was suffering before marriage?
Contested divorce / annulment may take years, try for amicable settlement.
H.M.Patnaik
(Expert) 19 March 2015
You can very well go with advice given by Mr. Rajendra.
Mahadeva Rao G
(Expert) 19 March 2015
Dear Ritesh...with due respects to my fraternity experts here......i beg to differ.
U have a case for a divorce.......CONTEST the RCR case and putforth u r defense as u have described above with proper supporting material that 1. You were not bonafidely not aware of the said fact ( she was suffering from disease from childhood ) and further provide the documentary evidence to show her condition is not curable & persisted from her childhood.
EXERCISE U R RIGHT TO DEFEND YOURSELF BEFORE THE COURT...... LET THE COURT DECIDE....& remember there's always an appeal... feel free to mail me on sohan1912@rediffmail.com, we can lead u r case..
Guest
(Querist) 20 March 2015
Yes, I have few medical prescriptions of her prior to marriage which is prescribed for schizophrenia as well as some medicines to control her suicidal tendencies. Is there any way out to get medical bills of her medicines from private medical stores under any act/rule like RTI etc. I know the medical shop where they used to buy the medicines......Plz suggest.
ajay sethi
(Expert) 20 March 2015
if wife had suppressed facts about her suffering from mental illness prior to marriage you can file for annulment within period of 1 year of discovery of fraud
