LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pksd indian (engineer)     17 May 2017

Second marriage cum living without any substantial proof

Hi Experts, I need your valuable advice on the below issue.Please help me out as we are confused. My brother married last year on the month of July.It was an arranged marriage & performed as per hindu rituals.However, it was not successful as my sister in law is a mental patient. Disease was discovered on the very first night & later we came to know that she is a schizophrenic patient.The fact was hidden to us and we were cheated. We visited a mental doctor & she was prescribed some medicines.Then we realised this is not a curable disease.So we sent her back to her pre-marital home advising to take those medicines. It has been almost a year, she is staying at her home.There is no communication so far from the both sides We discussed the issue with a lawyer & enquired for a possible null & void marriage.After hearing the whole thing he opined not to fight a legal battle( divorce or null & void). His advice as below:- 1- You have no medical evidence to prove the case. Hence the court will order for a medical check-up on her.This will be done by a board of members & not sure what would be the outcome. (Although we are sure she is suffering from mental disease before marriage but lawyer says most of doctors dont want to destroy a girl's life.Hence getting certificate not a easy task) 2-If you file a divorce or null & void petition then they will come back with cases like 498a & other false allegations.It will double up your plight. 3-This court battle will not over by one or two years, It may linger to 5-7 years.Till then your brother's mental condition & other circumstancial changes may happen.He may deny to remarry for ever.(obeserving my brother's age & mental condition) 4-If you are determined to file a case against them, you have to be ready whatever the consequences may be.(Per him there is no gurantee that we will win). Keeping the above facts in mind he suggested us to bypass all these legal issues & make an arrangement of a second marriage of my brother without divorcing first wife. He stressed on a re-marriage without any function,proof & witness.As per him court needs proof to penalise you for a second marriage without divorcing first wife.So don't allow any of these to reach the court room & go ahead without a divorce decree. we are confused what to do.Please advise me the merits & demerits of this idea.Thanks.  



 11 Replies

Sunil Kumar (IT)     17 May 2017

First talk to ur in-laws family.. and ask for mutual consent divorce.. if they agree .. well and good. If not .. then don't file any case .. divorce or anything.. just sit tight and wait until they make a move.. it's easy to get divorce if they file the divorce case.. if wife files for divorce.. normally court will grant divorce irrespective of creulity proved or not.. so better wait.. (personal experience).. this is like a game of chess.. let them make the first move.. (they have white pieces)

Kumar Doab (FIN)     17 May 2017

MCD and Divorce proceedings initiated by wife have been suggested.

MCD can be quick, easy.

You are not sure which mental disease she is sufferring from.

What was the diagnosis of Mental diseases specialist approached by you?

Was he/she a Psychiatrist?

A medical board constituted by court shall submit the diagnosis.




whatnot   18 May 2017

At this moment your brother has legal standing. Though it may seem like end of the world and no light at the end of tunnel, patience is virtue.


Best bet is negotiations and continue same path.


Once second marriage is done, however secret it may be, things will come to light. And in court of law that is illegal.


Better to cultivate other habits.

A walk alone (-)     18 May 2017

Your brother will be in problem in future if he remarriage without first divorce. Better advice your brother to file divorce or try MCD. Advice of your lawyer is looking very simple but it may spoil your brother life. Think if your brother get remarried without any evidence and after marriage if he and his new wife( illegal) has got any issues she can file rape case on your brother , because you may not have any proof of his marriage. His legal wife can file few cases on him which will make him spend rest of his life in jail

sai narayana   23 May 2017

I personally feel your lawyer suggestion is very practical provided your brother is not a government employee. But It's always better to get out of the entanglement on one day or other to become tension free. So apart from what the lawyer advised, run negotiations for mutual divorce simultaneously without letting them to know the second relationship. 

Kumar Doab (FIN)     23 May 2017

The lawyer approached by you has made suggestions to you, and has left it to be decided by you.

Your lawyer has done his/her jobfor you.

Kumar Doab (FIN)     23 May 2017

Unsoundness of mind: Rather incurably of unsound mind: must be proved by cogent and clear evidence beyond reasonable doubt so as to satisfy the court.

Then the spouse ( wife or husband) has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the other spouse  cannot reasonably by expected to live with the respondent.

You have not posted anything from medical history or record that can point and prove insanity and pre existing at the time of mariage and concealed from you and some fraud was committed.

The OP shall insist that nothing was concealed so as to defeat petition u/s Section 12 in The Hindu Marriage Act, 1955


Kumar Doab (FIN)     23 May 2017

If it is schizophrenia or paranoid schizophrenia then any and every doctor does not treat it.

It lands up with a Pschiatrist.

Other related medical disorders may also demand treatment with scheduled drugs that are availble only on prescripttion and proper records are to be maintained by hospital/doctor. This information is shared on request/demand/RTI/by order of court .



The Psychiatrist can certify the history, disease, daignosis, prognosis, class, insanity, unsoundness of mind etc etc….


A little effort, investigation by you, and you an get access to the information/record/proof  that you need.





Central Government Act

Section 13 in The Hindu Marriage Act, 1955

13 Divorce:1


 [(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; or] —


Kumar Doab (FIN)     23 May 2017

Your lawyer seems be fully conversant of this ground, for divorce and aware of the fact that you do not have evidence.


The spouse suffering from medical disorder may or may not own the fact of disease in court.

The parents/guardians of the spouse suffering from medical disorder may or may not own the fact of disease in court.

The medical diagnosis alone can prove incurably of unsound mind and/or of such a kind and to such an extent that the other spouse  cannot reasonably by expected to live with the respondent.


Your lawyer has already appriased you of Constitution of Medical Board.

Wrong opinion from such Board is not expected.


Kumar Doab (FIN)     23 May 2017

Although they seem to be living separately for 1year as per your post. For Parents also it is not easy to keep a patient of schizophrenia or paranoid schizophrenia……………without medicines.

If you can find the evidence it may help you succeed u/s Section 12 in The Hindu Marriage Act, 1955.


If diagnosis is ‘paranoid schizophrenia’ it may fetch you desired relief under: Section 13:1(iii) in The Hindu Marriage Act, 1955.


Your lawyer has appraised you in all: Ifs and Buts, Do’s and Dont’, probabilitis and possibilities,…………………….Now it is your call.


At times parents need leave ( soemtimes frequent leave) due to sickness of sons/daughters.

Check if in your case leave with reason (more so supported by medical certificate of  sons/daughters) was availed.


Check if medical reimbursment supported by medical bills, Rx etc was availed.

Kumar Doab (FIN)     23 May 2017

It is upto you to conceal the 2nd marriage and ensure that it doesn’t reach court room.

Your lawyer has sounded you on it also.

The parents of sick spouse may agree for MCD.


Hope you shall take it positively.

Take help of some smart, seasoned, shrude negotiators in your relations, circle.

Decide wisely.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register