Fraud in marriage

DHARMESH KUMAR (Querist) 03 May 2022 This query is : Resolved
My relative had a court marriage on 25 February 2022.
The girl's people were contacted through the ad given in the paper. The girl was a widow and the boy (divorced). After 10-12 days of marriage it is found that the girl is suffering from mental illness. At present, the girl has been sent to her parents home on 26 April 2022. The girl's mental illness was not disclosed before marriage. It is cheating. The boy cannot spend his future life with a lunatic.
Date of Marriage: 25 February 2022
Place of Marriage: Motihari (Court Marriage)
Girl's Home Town : Motihari, Bihar
Boy's Home Town : Arrah, Bihar
Boy's present residence: Ahmedabad(Since 10 years)
After marriage, the husband and wife lived in Ahmedabad from 25 February 2022 to 22 April 2022.
Kindly give suitable suggestions and where to file the petition.

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Quick Summary

A man discovered his wife has a mental illness shortly after their court marriage, an issue not disclosed beforehand. This situation is considered fraud and cheating. While divorce typically requires one year of marriage, if mental illness is the grounds, a petition can potentially be filed after six months. The Hindu Marriage Act, 1955, Section 13(i)(iii) outlines mental disorder as a ground for divorce, defining it as an incurable unsound mind or a mental disorder preventing reasonable cohabitation.

kavksatyanarayana (Expert) 03 May 2022
To file a divorce petition in the court, at least one year has to be completed after marriage. If the girl is suffering from mental illness, the boy has to wait at least 6 months and after that, the boy may file a divorce petition in a court of law.

Dr J C Vashista (Expert) 04 May 2022
Mental disorder ground for divorce under section 13(i)(iii) of Hindu Marriage Act, 1955 is as under:

(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation .In this clause,
(a) the expression mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression psychopathic disorder means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment

Whether your relative's case is covered ?
If yes, proceed for divorce through a local prudent lawyer where the marriage was solemnized, consummated or last resided.

Advocate Bhartesh goyal (Expert) 04 May 2022
Well explained and adviced by expert Dr .J.C .Vashista, i agree with him.

DHARMESH KUMAR (Querist) 04 May 2022
Thanks Sir your for guidance

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