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Nitin (marketting manager)     12 February 2015

Case filed on mentally retarted

Hello ,

  Can a female file a case on the Mentally retarded husband??

my client is mentally retarded, they have proof's that he was given treatment for few years after which 

his wife who is un educated did not believe in the treatment and stopped taking him to the doctor

now she is filing a 498A and DV case on him and his mother,are these cases valid at all on the mentally retarted husband?




 5 Replies

Jayashree Hariharan (Advocate)     12 February 2015

I don't think so, because there is proof that he is mentally retarded. She can file against in-laws. again, the type of retardness should be considered before giving out any comments.

saravanan s (legal advisor)     12 February 2015

was he mentally retarded at the time of marriage and did his parents conceal it from you.if so you can ask for divorce under grounds of fraud and that too this needs to be filed within a year of you coming to know about the fraud.

if he happened to be mentally affected after marriage and if he is unable to lead a normal married life then you can file for divorce

depending upon the severety of the mental problem only it can be decided whether 498a or dv will stand against him

Nitin (marketting manager)     12 February 2015

The marriage Happened 16 years ago, at the time of marriage both the parties know he is mentally retarded,

he was born with mental retardation cannot do any calculations,cannot count money,

cannot understand social status, for example if i ask him to chose between one crore cash and a full plate of meals ,he will choose a full plate of meals ,he does not understand what money is used for,he just takes his food and does his works,he does not know when to stop ,for example when he washes his hands he does it for hours  if we dont stop him .



Biswanath Roy (Advocate)     15 February 2015

If it is a Hindu Marriage it is a voidable marriage because it is a concocted solemnization Secondly if mental retardation is such that it is not curable in that situation divorce can be granted by the court.  The husband cannot be subjected to an offense of Harassment and Cruelty as defined under sec.498=A IPC..

T. Kalaiselvan, Advocate (Advocate)     15 February 2015

The mentally retarded husband cannot be booked for such matrimonial offences or for that matter any offences because of the reason that he is insane. The DV case can be filed against the relatives of husband if at all there was any violent acts against the wife by them.

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