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legal status of a marriage

(Querist) 14 December 2008 This query is : Resolved 
Dear Sir,
One of my client was married almost 25 years back.
At the time of his marriage he was around 20 years old and his wife was around 17 yeas old.
This marriage was an arranged marriage.
My client was under the pressure of their parents so he surrenderd himself to satisfy his parents and got married.
Later on as time passed my cliet came to know that his wife was not mentally normal.
It was also certified by a private mental doctor that his wife was abnormal.
My client still continued to live with his wife under the pressure of parents.
At present he has one child around 9 yeas old.
My clinet is totally unhappy with his marriage life.
He wishes to know how whether his marriage conducted at that time was viod ab initio.He wishes to marry a mormal woman.Is it possible for him?
What is the perfect way?
Kindly advise with some citations of courts.
Thanking You,
Rajesh Kumar (Expert) 15 December 2008
The marriage is perfectly valid.
Insanity is a ground of divorce, however every mental abnormalness is not insanity sufficent to dissolve the marriage. The things written doesnt satisfy the test of insanity to dissolve the marriage.
G. ARAVINTHAN (Expert) 15 December 2008
Mentally Ill is also a ground for divorce. But after getting divorce, he has liability to maintain his ex-wife and child born to her. He can not escape from that duty.

Prashant Kumar Jha (Expert) 15 December 2008
mentally ill if it is not curable/repeatedly attack is a ground of divorce but after gettig divorce ur client will have to maintain his ex-wife and son,he can't get rid of her and son
RAKHI BUDHIRAJA ADVOCATE (Expert) 15 December 2008
I do agree with Mr. Ganeshan & Mr. Jha
K.C.Suresh (Expert) 16 December 2008
Your grounds are not sufficient for a legal divorce after 25 years.
Adv.Shine Thomas (Expert) 16 December 2008
Yes,I agree with Mr.Suresh.
ritu bhadana (Expert) 03 April 2009
i agree with mr. K.C. suresh
Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.


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