• Wife illness concealed before marriage

Wife suffering from schizophrenia and under treatment for chronic schizophrenia was concealed and hidden from me and my family before marriage. 
After marriage we found all abnormal behaviours in her and slso she couldnt allow physical relations with husband (me) which is cruelty to me. I am a Hindu. 
We still kept her in good condition as a human and her parents staying in neighbouring use to every month call her and give her medicines for daily monthly consumption. This was done so that we couldnt know that her illness is actually schizophrenia. Even her doctor file was kept in her parents house never handed over to us. They use to only say that she is suffering from depression. 
Accidently wifes brother one day after 3 years gave us the file and asked us to take responsibility of her treatmenr. And then we were surprised to see that her illness is chronic schizophrenia. WE HAVE ALL DOCTORS LETTER AND PRESCRIPTION DATED BEFORE MARRIAGE DATE WITH MEDICINE NAMES & DETAILS. 

Due to her illness as her mental is unstable one day after 3 years of marriage she left my home for her maternal home on her own wish. Then after 6 months her parents filed all false cases of 498a, 125 and DV against me. The case is now in family court 

1) Can you advise how should i present my replies to court strongly with all prescription proofs and doctor letter whr its clearly mentioned that she is already suffering from schizophrenia before marriage?
2) How my case will be strong so that my wifes parents cant extort money from me in the name of maintenance or alimony as they had already cheated with me? How much chances are there?
3) What kknd of counter cases can i file against them?
4) They gave yet not been able to prove the allegations to me under 498a or DV. So how to counter them?
5) offcourse a persona cant spend his marriage life with a schizophrenic person, so how does the Indian law look into this?
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) in your reply mention that wife family had suppressed material facts of her illness and played fraud upon you

2) you can file for annulment of marriage on grounds of fraud

3) anullment should be filed within period of one year of discovery of fraud

4) in the alternative file for divorce on grounds of mental cruelty

5) wife refusing to have sex amounts to mental cruelty

6) you can file case of cheating against wife and her family members under section 420 of IPC

7) also file complaint of criminal defamation against wife and her family under section 500 of IPC for maligning your reputation

8) court would in divorce case direct you to pay maintenance to wife

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1.Take help of a seasoned matrimonial lawyer and file a strong written statement along with supporting medical documents.

2. File an additional case of cheating.if you refuse to succumb under blackmailing then nobody can extract money from you.

3. Cheating and civil suit for damages.

4. Once you come out of 498a Case Acquitted file a case of malicious prosecution.

5. File suit for nullity on this ground.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. In these circumstances you may file a petition for annulment of marriage on the ground that your consent to marriage was obtained by suppression of her illness.

2. If you have already obtained AB in the 498A then you may move the High Court for the quashing of FIR.

3. No counter cases can be filed at this stage, but once the court quashes the FIR or you are acquitted/discharged then you may sue her for damages for having launched a malicious prosecution against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The context in which the ideas of unsoundness of “mind” and “mental disorder” occur in the Section as grounds for dissolution of a marriage, require the assessment of the degree of the “mental disorder”. Its degree must be such that the spouse seeking relief cannot reasonably be expected to live with the other. All mental abnormalities are not recognised as grounds for grant of decree. If the mere existence of any degree of mental abnormality could justify dissolution of a marriage few marriages would, indeed, survive in law.

You can use the medical documents to support the pleadings for dissolution of marriage on the grounds of cruelty.

2. Maintenance claim is different to the divorce case. On the basis of legally wedded wife, she is entitled to be maintained especially if she is not employed and do not have any source of income to sustain herself.

3. The cheating case may be filed for suppressing the fact of her medical ill health condition which was material for marriage.

4. If they are not able to prove their allegations, what is your worry about it. You can challenge the same on the merits in your side even if they come out with some evidence for that.

5. You can file a contested divorce on the grounds of mental cruelty citing this chronic disease as grounds for divorce.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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