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.