• Got married to a person who is mentally unfit by birth

I got married on 21 – Nov – 2011, after marriage we found out that her behaviour is rude and she is not able to understand things which we are telling or she is manipulating the things. But then we thought she is in a new environment and by the passage of time she will settle in the new atmosphere.

On 27 – Sept – 2012 we were blessed with a baby boy.

After 3 months the child was born, we found out that she has no interest in the child also and her behavior is getting worse. Then we properly started monitoring her activities and found that it is not coz of the new atmosphere it has something to do with her mental conditions.
Then we talked to her parents about her mental conditions which they told it happens after pregnancy.

Then 2 – 3 months(June 2013) later we again contacted her parents and after pushing them, her mother took us to some Psychologist and after meeting the doctor it was clear that she is having problem prior to the marriage but the doctor also manipulated things coz she was later found out to be her old doctor. As she did not provide any medical report or prescription.

Then in Dec 2013 I contacted my family doctor who also said she is very dull. And asked me to contact a physiatrist.

Then in Jan 2014 I some how managed to take her to a physiatrist. After few classes he said there is no cure for the treatment and she has borderline IQ & common sense level. Which cannot be cured. And also suggested to go to her school from where she has done her education from.
After meeting the school principal we found out that she has completed her education in a special wing of mentally challenged children.

Then in March 2014 we filled a case for annulment of marriage Under Section 5 & 12 of HMA.
Till date application Under Section 26 of HMA has been dismissed and Disposed of by LD Judge in Nov 2014

And im paying her maintenance of rs. 7500/- effective from Jan 2015
And reports of her medical test have also come which says she has a borderline IQ of 73. Via court order

Q1. Can I file case of 420 on my inlaws
Q2. Can the child meetings be waved of as he is getting disturbed by the meetings
Q3. What all cases I can file on my wife and in laws as they are filling false cases of DV & 498a
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1) you can file case of cheating against your in laws as they have suppressed material facts about wife mental illness

2) visitation rights of the child cannot be waived off without court orders

3) file complaint of criminal defamation under section 500 of IPC as your in laws are deliberately maligning your reputation

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear..

as per your words......you can file the divorce petition ....in the court of law..and also clear that.....whats the ground ...of divorce........medicalllly unfit is the sufficient ground ..for divorce.....in all the religion ..and acccording to law..

Regards

Mob-N-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. No case of cheating lies u/s 420 IPC of this. However you can consider filing civil suit for damages.

2. You can not unilaterally change the visitation rights. However if you could satisfy the court about the mental trauma of the child on seeing his parent then the court may pass necessary order.

3. You have rightly filed the suit for nullity and so pursue the same vigorously.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Since this is a matrimonial dispute and you have already initiated process for it, any criminal case at this stage on the said grounds may not be maintainable.

You can file a petition before court quoting substantial reasons to avoid this.

If at all they file a criminal case agaisnt you then you may file a counter case agaisnt them for cheating and other false informations.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. No criminal case for cheating is made out against your wife, much less in-laws.

2. If you have evidence to prove that the meeting between the child and his mother is not conducive to the physical and mental well being of the child then you may move the High Court to challenge the adverse order, if any,of the trial court.

3, You could only file for annulment, which you have already done.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. On what ground, your petition for annulment of your marriage was dismissed against you? Did the Court refused to accept that they had suppressed the information about her mental problem or low IQ level was suppressed from you? If that be the case then your further filing a 420 case may not hold water. Moreover, she or her family members can file a criminal case against you u/s 211 of IPC for filing false case against her.

2. Is she staying with her parents? who is holding the custody of your son? She will be treated as the natural guardian of her son till he is 5 years old. You can seeking restriction on child meetings by her or her family members.

3. Your annulment petition has been dismissed. so, it will be prudent on your part to concentrate on defending yourself against the cases filed against you now. You can also file an appeal against the appellate court challenging the dismissal order of the lower court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) cheating has to be filed under section 420 of IPC against your wife and her immediate relatives

2)for claiming damages you have to file civil suit for damages

3) file cheating case as soon as possible against wife and in laws

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Sir...

Immidiate you can file the case against spouse....and also file the quash petition in high court...against your wife..that you are falsely implicated in this case.....regarding your child custody matter....you are free to challenge in supreme court of india ...

Best Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. You can lodge a complaint with police seeking legal action for their fraudulent acts of suppressing the facts material to the marriage, for criminal breach of trust and for the offence of cheating causing mental agony and depression.

2. For a police complaint, you dont worry abut the section, they will take care, you just have to submit your complaint.

3. Even now it will be right time but since the civil case is going on, the police may not entertain this complaint hence you can approach judicial magistrate court after the police refuse to to take cognisance of the offence.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. You can file the criminal complaint u/s420 of IPC wherein you shall have to add that the said marriage was arranged for claiming the title of your property. Please note that charge u/s 420 of IPC is non bailable and also non compoundable (i.e. can not be withdrawn by you). you can add the names of her father and uncle as the perpetrators of the said crime.

2. You should lodge a police complaint u/s420 of IPC as advised above and in this case police will initiate criminal case against them and you won't have to file the case. Negotiate with the local police to ensure that your police complaint is registered as FIR.

3. Their petition for interim custody has been rejected. This s the right time to lodge the police complaint as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

As I said before, a criminal prosecution is not made out.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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