ASHOK KUMAR 20 September 2018

Wife's mental illness secrecy

How could wife's mental illness kept secret at marriage time be proved now?

7 Replies

Vijay Raj Mahajan (Advocate) 20 September 2018

After how many years of marriage? If that fact came in knowledge just in few days of marriage, the annulment of marriage on this ground can be filled as soon within one year, however if this fact came to knowledge after marriage and many years have passed, than the delay in filling for annulment will be ground for rejecting the annulment petition by the court. Unfit mental condition should be serious enough that makes the continuation of marriage not possible.

ASHOK KUMAR 20 September 2018

Mental illness was indicated by her activities and taking some drugs meant for mental patients without doctor's prescripttion.And it was obvious just after one year.What to do now?

ASHOK KUMAR 20 September 2018

Advice me what to do now?

Vijay Raj Mahajan (Advocate) 20 September 2018

Only possibility is divorce on valid ground available to you, I.e. cruelty. As far mentally unfit , as informed unless her exact complication is known this may not be ground for divorce.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 21 September 2018

If her mental disorder is very serious and incurable, you can file divorce petition under Section 13(1)(iii) and it also amounts to cruelty then add section 13(1)(ia) of HMA.

ASHOK KUMAR 21 September 2018

She is diagnosed cortical antropy,PTSD and major depression disorder(MDD), which can't be cured.Please advice me under which section I should file divorce petition?