Hello,

If you want to file a case for anulment of marriage then you will have tonproduce the said certificate also before the court. Anulment might turn out to be a lengthy and time consuming process.

Whereas divorce will be little easier for you and therefore I suggest that you file a divorce case on basis of cruelty.

Regards

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

2) if wife has suppressed material facts about her mental illness you can file for annulment on grounds of fraud

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

4) rely upon evidence in your possession to prove mental cruelty

1. You are free to file a petition for annulment on the strength of the decrees passed in the previous matrimonial proceedings of your wife and audio recordings in your possession.

2. If and when she files 498A apply for anticipatory bail.

Anullememt can be filed within period of one year of discovery of fraud

2) if you were aware of wife mental disorder earlier you cannot file for annulment

3) the new SC judgment would make it difficult for wife fe to file false case for dowry harassment

4) if wife has filed false case of dowry harassment you can file for divorce on grounds of mental cruelty

5) filing false complaint amounts to mental cruelty

hello,

I dont know on whose legal advise are you referring to annulment again and again. Please bear this thing in your mind that annulment and divorce are two different things. The following is the law:

Hindu Marriage Act considers a marriage is a valid one if neither party is an idiot or a lunatic at the time of marriage. From a psychiatric perspective, a Hindu marriage is voidable according to this law if either party:

1. Is incapable of giving a valid consent as a consequence of unsoundness of mind or

2. Though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, or

3. Has been subject to recurrent attacks of insanity.

In the above-mentioned three circumstances, the marriage can be held null and void. Additionally, if the marriage has not been consummated due to impotence of the respondent, the marriage can be considered null and void. Also, the marriage can be considered null and void if that the consent of the guardian was obtained by force or by fraud; or the respondent was at the time of the marriage pregnant by some person other than the petitioner.

you can a file a suit for annulment also, but as stated earlier it is a tedious and time taking process.

YOU CAN FILE A DIVORCE ALSO:

You can file a suit of divorce under section 13 of the Act on ground of cruelty and on ground of mental disorder, SC has held that mental disorder can be a ground for divorce.

Yes the recent SC judgement will come into your aid to the extent that if a case is filed under section 498 A then you will not be arrested immediately and the case will first be referred to District Family Welfare Committee.

I have given you this clarification because in the first part of your question you have asked about annulment and in later half you have asked about ground of divorce.

Let me now if you have any further query.

Regards

Both court judgements have mentioned that she was suffering from a mental disorder in her earlier marriage too....Question is can I apply for an annulment based on her mental disability and fraud or a divorce based on cruelty and other clauses as I also have some audio and video evidences against her....

If this mental illness is continuous and incurable then suppressing this fact may be a fraud because this can be treated as a material for marriage.

However, since her behavior is normal otherwise, this may not come under suppression of material fact hence in my opinion, an annulment petition may not be maintainable.

Instead of risking a failed attempt, you may file a divorce case on the grounds of cruelty based on her earlier history as well as her current disturbing features.

You may be able to succeed if you file a divorce case on the grounds of cruelty with the support of the documentary evidences in your possession and merits in your side.

couple of questions more..

.1) Can annulment be filed legally since my marriage is more than 1 yr old

If the knowledge of her ailment is within one year preceding the date of filing annulment petition, you can file the same.

2) Since the new SC guidelines have been passed on 27th July will they have a strong bearing on my case if she threatens with a false 498A case...will it make my case stronger to get a divorce based on cruelty if the case doesn't stand....

Your understanding is right that the honorable supreme court has come down heavily on misusing the provisions of law by such mischievous women to wreak vengeance.

You can utilise this judgment at the stage when it is required.