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Sanjay (Consultant)     24 August 2009

Mutual consent validity - Mentally disabled wife

My sister is mentally disabled. Her husband concealed the fact that she is mentally disabled before the court and coerced her and obtained a mutual consent divorce fearing if he states she is mentally disabled he will have to pay maintainance for her and her kid. They got divorced with mutual consent with no maintainance for the kid or her. He did not consult me as i am the one who is going to support her and her kid.

1. Can a mentally disabled person give mutual consent(agree to something) as they are not able to decide anything for themselves or for anyone

2. If something got signed from her, is that valid.I was outside india for 2 years when this whole divorce process happenned here.

3. Is this not a offense to conceal the fact that she is mentally disabled before the court to avoid maintainance.

4. If i am able to prove that she was mentally disabled throught the divorce process and this was concealed by her husband before the court for avoiding support to the wife and kid. Is this divorce valid. Then will i be able to challenge this judgement from family court in a high court or supreme court.

The tamilnadu stategovernment says the mentally disabled daughter cannot receive mothers pension if she is married or divorced. The ex husband has to support her.

Atleast can i challenge the government in supreme court or high court to make sure that my sister receives my mothers pension after her.

She and her kid need somekind of stability as she is completely disabled and her kids future hangs.

I have read somewhere that maintainance and child custody rules can be changed based on the each parners current conditions.

My sister is in hospital under treatment. The kid has now no father(abandoned), no sane mother.I am taking care of the kid but he is unstable and uncertain with no parental support(parents love), no financial support. I am willing and able to support the kid and my sister life long but is that stable. What will happen to them after i pass away (sudden or naturally). I strongly feel that they do not have any financial stability especially the kid.

Need your advice on where to start and what to do.


 4 Replies

Arul Kumar (Legal Consultant & Professor at Law)     24 August 2009

A mentally disabled wife cannot give mutual consent to Divorce. But insanity may be a ground for claiming divorce. In your sister's case, I would suggest you to approach an Advocate and file a suit to establish your sister's real position and the offence committed by her ex-husband.

Regarding the pension, your challange may open a new precendence as this is a peculiar case.

All the best.



Dear Mr.Sanjay,


Though I saw this post just today only,  I have a strong feeling that the person concerned must be taught a lesson.  If you have not already taken any legal actions, it is better to proceed quickly by  challenging the fraud played by that person on your sister.  Further, inspite of the mutual divoice, she can claim maintenance to her and  the son from him.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Any next friend of the said wife can file for setting aside such decree.





Shonee Kapoor


Agree with Shri Shonee Kapoor ji.   Would Shri Sanjay ji  give us the latest status  of  matter please.

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