Annulment-Nullity of Marriage in India
Viks
(Querist) 27 October 2017
This query is : Resolved
When i can file for Annulment? My wife is not mentally stable and i got to know about it after 7 months of marriage. I was married in Jan 2016. She is with her parent now since Dec 2016, the day when i got to know about her mental illness. There was no physical relation between us.
Can i file annulment now? What is procedure and is maintaince is applicable in case of annulment?
I readsomewhere that one can fill annulment within 1 year of day when we got to know about such fraud.
Thank You in Advance
Viks
(Querist) 27 October 2017
When i can file for Annulment? My wife is not mentally stable and i got to know about it after 7 months of marriage. I was married in Jan 2016. She is with her parent now since Dec 2016, the day when i got to know about her mental illness. There was no physical relation between us.
Can i file annulment now? What is procedure and is maintaince is applicable in case of annulment?
I readsomewhere that one can fill annulment within 1 year of day when we got to know about such fraud.
Thank You in Advance
Ms.Usha Kapoor
(Expert) 28 October 2017
You need not pay any maintenance or Alimony if you get your marriage annulled on the ground of her being of unsoundness of mind or non consummation of marriage.. Also read the following information.
Q: How can I decide whether to file for a divorce or an annulment?
A: You should consult an attorney who practices in the area of domestic relations. If you have grounds for both divorce and annulment, you will want to consider the amount of property you have and the relief (financial compensation) you need. You can obtain certain types of relief through a divorce case that you probably cannot obtain through an annulment, such as attorney fees and spousal support. If the facts of your case indicate that you are likely to receive an award of attorney fees or spousal support, an action for divorce would give you access to these remedies while an annulment would not. Similarly, the equitable division of marital property possible through a divorce case may be a better option for you than an annulment if you have accumulated a great deal of marital property. would go to show that a normal husband who gets his marriage annulled on the above mentioned ground I just cited can avoid interim maintenance and Alimony to his mentally unsound wife or due to non consummation of marriage.by his wife.
Ms.Usha Kapoor
(Expert) 28 October 2017
If you appreciate my above answer please give me likes.
Vijay Raj Mahajan
(Expert) 28 October 2017
" Mentally unstable" is very vague term, what is the actual mental illness she suffers that is important. If her illness is such that affects the normal married life the court will definitely consider it as fit ground to annul the marriage if this fact not disclosed to you at the time of marriage or even dissolve the marriage by decree of divorce even if that came to your knowledge later on when you started living with her and discovered her unstable mental status, got her medically examined and it came to your knowledge that because of her serious mental illness the living together as husband and wife not possible.
As in your case she continued with you for 7 months, what all medical examination and test were conducted, what her medical report stated and what was the expert medical opinion about her mental illness all these record you need to be having with you before you venture out for annulment or dissolution of marriage.
If just up to your own opinion you found her not having fit mental status, you will be simple failure in the Family Court proceedings for either annulment or dissolution of marriage.
Rajendra K Goyal
(Expert) 28 October 2017
Gather proofs of her mental illness.
File case for divorce.
She may initiate criminal cases against you for 498A and DV.
Guest
(Expert) 28 October 2017
Description of your case does not seem to justify case for annulment of your marriage.
However, what is the reason for not keeping physical relations with her?
Viks
(Querist) 28 October 2017
Thank you all for your suggestions.
I had consulted 2 psychiatrist specilist and they both prescribe her medicines on schizophrenia. And her parents also accepted about illness. She was ragged in college and after that she is suffering from this illness.
I am trying to avoid divorce case to avoid maintaince or false cases against me or my family. I have doctors prescriptions plus one video recording in which her father accepted about her illness.
What should be best for me to proceed with my case??
@Jigyasu: After marriage, she stayed for first 7 months with my family and at her native place. Most of the time with her parents. Her problem got noticed on first day we started living together. Thats the reason for not keeping physical relations with her.
Guest
(Expert) 03 November 2017
7 months of marriage is not enough to check whether the disease of your wife is reversible or not. May an individual with schizophrenia usually have difficulty keeping a job and caring for herself and has to rely on family and friends for help. BUT it is considered as treatable, and in many cases, the individual can go on to lead a productive and normal life.
However, if a specialist after sufficient treatment declares the ailment to be not curable, in that case you would be justified to file application for annulment.
Ms.Usha Kapoor
(Expert) 07 February 2018
I Agree with Vajay Raj Mahajan.
