Nullity of marriage and divorce
radha raman karmakar
(Querist) 04 April 2012
This query is : Resolved
Being an advocate i am realy shocked after getting married and came to know from her behaving that my wife having a mental disorder problem but it doesn't normally detected in course of primary conversation, however before marriage i personally asked to her parents is there any dispute,they replied no. actually the parents of wife made it cunningly and hiddenly.but i went to make her treatment with Phychiatry.
Please advise me how i get rid of from such sititution soon? as my marriage ceremony occured just 3months ago.
M.Sheik Mohammed Ali
(Expert) 04 April 2012
what you will do ? if you like continue your wedlock than to give medical treatment or not like wedlock than prove she is mentally affected person and could not cure, and get null and void your marriage
Sankaranarayanan
(Expert) 04 April 2012
Yes. What you plan to do in future. Are you going to continue the wedlock or need to come out. If you prefer the second then you need to prove her illness with medical evidence and records. If you really need more to teach the lesson to her parents then file cheating case against them
ajay sethi
(Expert) 04 April 2012
what is nature of mental illness . is it suchthat can be completely cured . if so get her treated .
"The law generally says that some incurable disease can be a ground for divorce. But the case should be supported by medical reports which say that the disorder or the illness is incurable in nature. There are chances that certain illnesses which are incurable today can be cured tomorrow with the help of advanced medical facilities. The judgment in a case should be passed on the present status of the case and not on its future prospects."
ajay sethi
(Expert) 04 April 2012
Mental disorder can be ground for divorce: SC
Last Updated: Sunday, October 02, 2011, 09:28 Supreme Court, Mental disorder, Divorce New Delhi: A husband or a wife is entitled to divorce if either spouse is found to be mentally unsound or indulges in cruelty, the Supreme Court has held.
A bench of justices P Sathasivam and BS Chauhan in a judgement said under Section 13 of the Hindu Marriages Act, either of the spouse can seek divorce, provided sufficient evidence is placed to justify the claim.
The apex court upheld the appeal of Pankaj Mahajan, challenging the Punjab and Haryana High Court's refusal to grant him divorce despite producing medical and other evidence to prove that his wife Dimple suffered from schizophrenia and subjected him to humiliation, assaults and threatened suicide.
The high court had refused to grant him divorce and quashed the decree of divorce granted to him by a matrimonial court in Ropar district.
"Without proper discussion and adequate reasons, the high court rejected the evidence of the appellant-husband as PW-4. A perusal of his evidence clearly shows the agony and treatment meted out immediately after the marriage due to mental disorder, unsound mind of the respondent-wife.
"From the materials placed on record, we are satisfied that the appellant-husband has brought cogent materials on record to show that the respondent-wife is suffering from mental disorder, i.e., schizophrenia. From the side of the appellant husband, various doctors and other witnesses were examined to prove that the respondent-wife was suffering from mental disorder," Justice Sathasivam, writing the judgement, said.
The couple got married at Amritsar on October 2, 2000. But within one-and-a-half months, Pankaj found Dimple behaving abnormally, as she used to suddenly get aggressive, hostile and suspicious in nature.
In a fit of anger, she used to threaten suicide and implicate Pankaj and his family members in a criminal case, unless she was provided a separate residence.
Even after the couple shifted to a separate home, herstrange behaviour continued and she attempted suicide by jumping from the terrace but luckily was saved by Pankaj.
She insulted and humiliated him in front of his colleagues and relatives several times and on one occasion she pushed him from the staircase that caused a fracture in his right forearm.
Later it came to light Dimple had undergone treatment for mental illness and schizophrenia prior to the marriage.
Upholding the husband's plea, the apex court said, "The acts of the respondent wife are of such quality or magnitude and consequence as to cause pain, agony and suffering to the husband which amounted to cruelty in matrimonial law."
The court further noted that the husband had conclusively established that the wife constantly threatened him with suicide, pushed him from the staircase resulting into fracture of his right forearm, slapped and assaulted him, misbehaving with the colleagues and relatives and failed to attend to household chores, all of which amounted to cruelty.
"We are satisfied that the appellant-husband had placed ample evidence on record that the respondent-wife is suffering from 'mental disorder' and due to her acts and conduct, she caused grave mental cruelty to him and it is not possible for the parties to live with each other, therefore, a decree of divorce deserves to be granted in favour of the appellant-husband," the bench said.
PTI
Shonee Kapoor
(Expert) 04 April 2012
What is mental illness is the moot point.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 05 April 2012
Mental illness and moreover its suppression prior to the marriage are major grounds seeking divorce from such lady.
Shonee Kapoor
(Expert) 05 April 2012
Sir,
There are degrees of mental illness and their are variety of mental illness.
Only if the illness is of such a degree or the other party knew of this illness, it can be a ground for nullity.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 05 April 2012
Mental illness like OCD are so common that unless the same is of very high degree, it can not be considered a ground for divorce/ nullity.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 05 April 2012
Dear Radha Raman,
Contrary to what my colleagues have said,3 months of wedlock is too early to have a final decision.Kindly get her treated with a good psychiatrist,so that she can be cured off her mental disorder.I really pity your position,but give her a chance and if you don't succeed or she does not respond to the treatment,then think of separation,as per law.
V R SHROFF
(Expert) 05 April 2012
If they concealed it, immediately apply for Divorce, on that basis alone. with Dr. certificate, that u r cheated, misrepresented, and is not a valid marriage.
If u continue treatment, that means u accepted her.
The moment u came to know, u have to stop coh.
Thank Shri Sethy for immediate citations
SAINATH DEVALLA
(Expert) 06 April 2012
Mr.Shroff,
Only on sympathitic grounds towards his wife I was asking him go for medical treatment.For the fault committed by her parents in hiding her mental disability,I feel he should give her a chance.Her past medical records would be available to prove that she had that problem before marriage and concealed accordingly.
Shonee Kapoor
(Expert) 11 April 2012
What if the wife was also aware about her condition?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
radha raman karmakar
(Querist) 14 April 2012
LOTS OF THANK TO THE SENIORS THOSE WHO SHARE THEIR KNOWLEDGE AND GUIDE ME
one more to help and know that my wife got treatment with Professor, Deptt. of Psychiarty I.P.G.M.E. & R.KOLKATA and also M.D. of Psychiatry,during watching of activity of the patient who written consent of my wife, mother in law and me too in his letter pad(Dr.prescription form) and then prescribed medicines which is applicable for mental disorder as per medical science.
Is it sufficient applicable ground for suit of nullity of marriage?
