Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sethu (Consultant)     04 February 2009

Seeking advice

 

MARITAL CASE HISTORY OF A BRIDE GROOM FOR INITIATING LEGAL PROCEEDINGS FOR OBTAINING DIVORCE- LEGAL ADVICE REQUESTED.                           Date:04.02.09

 

 

Married 15 months back, but no “consummation”. Bride left matrimonial home, 49 days after marriage (without any consummation) along with parents after giving voluntarily a hand-written statement, duly witnessed by her father, brother, groom and his parents etc: indicating the medicines she has been using for the last 8 ½ yrs prior to marriage for a “serious mental disorder” feeling sleepy always, besides other physical ailments including severe pain in private parts. On the night prior to her departure to her parental home, in a depressed state she orally expressed her intension to “commit suicide” as she has no interest in marriage or marital pleasure and her father performed this marriage against her will, thus holding the groom’s family members aghast creating utter chaos, confusion and fear, rendering them to spend a sleepless night for guarding her and informing her parents, who came in the early hours of next day and took her daughter to their home for continuation of treatment.

The bride is in her parental home for the last 13 ½ months without any consummation of marriage.

Bride is an M.Tech. (Mech) in 2004. It is reliably understood from her conversation with the Groom that she pursued her studies up to Post graduation under acute medication and care for a “serious mental disorder”- quite possibly SCHEZOPHRENIA or almost near to it, which disease can be brought to “remission stages” (6 months duration each time) with intensive medication. During such “remission stages” she could manage to pass the examinations with artificial ease and intellect, as a result of intensive medication and intelligent management of parents, just to hide the “mental disorder” until marriage. This is so clear because, 19 days prior to marriage, a very competent doctor has diagnosed her mental condition as “Sn.A.D+Dep”, which fact was concealed by the bride’s father in order to perform this “dubious marriage”, with the ultimate connivance of the bride also. It is also known that since 4/5 months the bride is managing to work in a central Govt. organization on a salary of Rs/- 20,000 pm or more. Groom’s contention and firm belief is that the bride is managing attendance to her job with the cover of influence of her blood relative working at a higher level in the same organization.

Therefore, the groom now aged 31yrs is not prepared to be so “charitable” to live with a bride with such a “serious mental disorder”, also reliably known to be hereditary in that family.

Unfortunately, medical profession doesn’t easily commit as “Schizophrenia disease” due to humane and ethical reasons in order to maintain the noble institution of marriage, thus indirectly harming the victim i.e. groom in our case.

In the above backdrop, proper procedure/legal advice to get rid of her by way of “contested divorce” is very much solicited as immediately as possible, as the bride’s side is mischievously intending to prolong the status of a married wife (though unfit for marriage due to her mental disorder), as there is no possibility for her re-marriage. Also, they have no desire to rather diffident to approach court as a petitioner only to avoid the burden of proving that she has no mental disorder while the fact is that she is  taking medicines for the last 8 ½ yrs for “Mental disorder only.

Hence, our earnest appeal to the legal profession for a “well considered legal opinion” to come out of this problem, as we have been all along patiently waiting for a “mutual consent” for a divorce in a respectable manner to both sides, as we are really not interested in adversarial litigation.                                                                           From: N.Rao. Groom’s relative.



Learning

 4 Replies

ravikumarbcombl (advocate)     04 February 2009

first of all dealing with a matrimonial relief always better to get an understanding , like mutual consent is there then no problem.......... otherwise burden of proof is always crucial in these kind of mental disorder related cases..... it is must to proove with proper evidence like doctor's certificate and prescriptions etc. but in ur case u said the bride side they are not wiling to go to the court then if they are in a position to settle the matter mutually talk with them and solve the issue.....

Sethu (Consultant)     04 February 2009

Thanks for quick reply...


Dear sir....


Because they know that they have done a mistake by concealing the fact of her mental illness at the time of mariage and since they cannot perform another marriage to her daughter, they want to be silent and not coming forward for mutual consent basis. As you said we do have her medical history since 8&1/2yrs prior to marriage, but we don't have a certificate given by doctor that she has been suffering from 'Schezophrenia' but the doctor in his prescribtion he mentioned that Sn.A.D + DEP (reliably came to know that its a Schezo Affective Disorder + Depression). Since In noway they can perform their daughter's Re-Marriage they want to keep and prolong the WIFE status of her daughter.


Pls guide us ..how can we proceed with the current situation .

ravikumarbcombl (advocate)     05 February 2009

Now it is clear ... you have the history of her medical treatment and already they are in separation for  more than a year,  then certainly they can approach a lawyer and file a sut for divorce, they will get it because since the bride having the treatment for 8 and half years is not at all an easy matter, so definitely the groom will get the divorce.

B.N.Rajamohamed (advocate / commissioner of oaths)     08 February 2009

Sir,


As you say about the medicines which are certain to be used for Schizophrenia you file a petiton for divorce by producing  a doctor who is capable of giving evidence as to the purpose for which the medicine you stated supra will be prescribed. You can file a suit for declaring the marriage as null and void


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