Hello,

Divorce can be filed by your sister on the ground of mental cruelty.

Also she can file a case of dowry, domestic violence and harassment.

It will take 1-2 years for the divorce case to get decided and the same will be filed under section 13 of the Hindu Marriage Act.

Regards

1) your sister can file for divorce on grounds of mental cruelty

2) seek alimony from husband

3) seek interim maintenance from husband

4) also file case of dowry harassment against husband and in laws

1. Is it your husband or her husband whose mental illness has been discovered?

2. Be that as it may, a petition for dissolution of marriage can be filed by the aggrieved person against her husband if the latter is suffering from mental disorder of such nature that petitioner cannot reasonable be expected to live with him. The onus will be on the petitioner to prove through medical record of her husband that he is suffering mental disorder.

3. If harassment for dowry has taken place then a complaint under Section 498A can also be lodged.

1. No marriage can survive with a person of unsound mind.

2. Now if her husband was suffering from this illness before marriage and the fact was kept hidden deliberately at the time of negotiation of marriage then it is material suppression of fact for which a suit for nullity can be filed.

3. Then she can file a case under PWDV Act claiming maintenance and compensation for ruining her life.

4. Do not drag yourself in this dispute

5. A case under section 498A IPC is also suitable,

Hello firstly get all medical records to show that he's suffering from schizophrenia thereafter file a petition for divorce under section 13(1)(ia) and under Sec 13(iii) of hindu marriage act. Also file a petition for maintenance under section 125 Crpc and if the father in law is harassing lodge a police complaint for dowry harassment

Firslty, as per the information mentioned in the present query, makes it clear that the girl has been cheated by the in laws by concealing the important fact of his illnesse.

Secondly, there has been a ground for divorce if any of the party to the marriage conceals anything materialistic, and here is the case of illness which itself a ground for divorce.

Thirdly, she needs to file a divorce petition before the court of law in the ground which I mentioned above plus mental cruelity.

And also file DV case against the in laws, only then they would come to know the consequances of harassing the girl who left everyone for the and come to their house.

Schizophrenia is a chronic disease it can be less effective by the cure that may help in this situation but cannot be cured permanently and this ground diverse is a possibility.

You can file a divorce petition basis on this disease and cruelity along with non compatibility issues.

If is not working she can claim maintenance for herself and if there is any child for him as well

Dear,

If your sister wants to end relationship with him, then she can file

petition for divorce on the grounds of mental cruelty.

Your sister can file case for dowry, harassment.

He calls you and threaten you, then you can file police complaint against

her in laws.

Your sister can file for divorce on ground of cruelty and can further claim maintenance under Hindu marriage act and also under section 125 Crpc.

Further if she is harassed she can file a case of domestic violence and Dowry against husband and father in law.

I would advise that if the husband is ready to pay handsome compensation and ready to settle with mutual divorce.

If he is suffering from schizophrenia or incapable of performing consumation of marriage, then it will be a good ground for seeking divorce. Plus you may also seek divorce on the ground of fraud and misrepresentation regarding the fact that your husband's physical incapabilities were hidden from you. Keep the copy of the reports of the doctors for making the divorce petition.

You can either file petition for divorce or petition for nullifying the marriage on the ground of mental instability making husband incapable of leading marital life.

As well you can file domestic violence and dowry case against in laws

File a divorce under section 13(1) of the Hindu Marriage Act.

Your sister should also report the matter to the women helpline cell.

Also, help your sister filing a complaint under DV act.

1) You sister can apply for divorce under lunatic ground. However your sister needs to prove against her husband in the court of law.

1. It is a case of your sister or yourself.

2. It appears that there are multiple faces of the instant case being taking your consent for marriage without disclosing vital fact that your husband is suffering from schizophrenia. Thereafter you have complaint of DV/torture against you and also for collecting dowry from you.

3. You can file a petition for annulment of your marriage on the ground that the vital fact that your husband was suffering from schizophrenia was suppressed from you while collecting your consent for the marriage .

4. You can file DV case against him and his family members and also can file divorce suit though annulment petition will be more appropriate in the instant case.

If the situation is intolerable and beyond control then she can decide about quitting the married life instead of continuing with the hardships and losing the mental balance.

She may lodge a crimninal complaint against her husband, parents in law for dowry demand and other cruelties she was made to face in her matrimonial home.

She can file a DV case seeking protection, residence, maintenance, compensation, return of articles and money they took as dowry.

She can file a maintenance cae under section 125 cr,p.c.

She can file a divorce case on the ground of cruelty and suppression of facts about is mental illness.

Dear Madam,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

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Handling Extra Difficult Situations: Divorcing When Your Spouse Has A Mental Illness and/or Personality Disorder. ... All breakups are difficult, but ending a marriage with someone who has a personality disorder or mental illness can put your divorce at the extreme end of the spectrum.

Mental Illness and Divorce

Mental illness can be hard for couples to handle in a relationship and frequently leads to divorce. Often, stress levels between couples rise when handling a mental illness and it becomes the key focus of the relationship. Even if a couple tries to make the mental illness a small part of their relationship, the mentally-ill partner often ends up not having much control over how or how often their illness manifests and the other partner may not always be able to control their responses to and feelings about the mental illness. Over time, built-up feelings of pain, resentment, and frustration can ultimately destroy the relationship forever.

HINDU MARRIAGE ACT (1955)

Mental disorder as a ground for nullity of marriage: Section 12 (i)(b)

There is provision in the HMA (Section 12 (i)(b)) for nullity of marriage on the ground that the marriage is in contravention of the conditions specified in Section 5 (ii).

Section 5 (ii) states that:

• Is unable to give a valid consent to it in consequence of unsoundness of mind, or

• Has been suffering from a mental disorder, of such a kind or of such an extent, as to be unfit for marriage and the procreation of children

• Has been subject to recurrent attacks of insanity.

Section 5 (ii)(a) has two components: (1) Ability to give valid consent, and (2) soundness of mind. Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes power to act and a reflective, determined, and unencumbered exertion of this power. It is an act unaffected by fraud, duress, or sometimes even mistake when these factors are not the reason for the consent. Consent is implied in every agreement. For a valid consent soundness of mind is implied. The expression “unsoundness of mind” has to be understood as the lack of a state of mind or capacity to understand one's affairs or marital obligations. The phrase “in consequence of unsoundness of mind” narrows down the concept of consent. If the emphasis of the Act is to move from sacramental nature to the contractual nature of the marriage, consent is essential. Then it is better to remove the phrase which leads to unnecessary litigations. Every person with mental disorder need not be assumed to lack mental capacity to understand the nature and consequences of the issue on hand. Many persons with mental disorder exhibit the capacity to give consent to their treatment, and testamentary capacity. Specific mention of “unsoundness” invites unwarranted litigations.

Section 5 (ii)(b) mentions about mental disorder of such quality and such quantity which makes the individual unfit for marriage and procreation of children.

Fear of wife’s mental health issues helps man get divorce

The court while dissolving the marriage also quashed the family court order favouring the wife on the same ground.

Mumbai: The Aurangabad bench of the Bombay high court has granted divorce to a man who sought divorce from his wife on the grounds that she was mentally unsound and had shown suicidal tendencies which he feared could get him into trouble if the wife took any drastic steps due to her mental condition. In granting divorce, the HC quashed an order of restitution of conjugal rights by a family court in favour of the wife stating that as the husband had made out a case under relevant sections of the Hindu Marriage Act he had a right to get a divorce.

A division bench of justices T.V. Nalawade and S M Gavhane was hearing a family court appeal filed by a 37-year-old man who was a resident of Aurangabad and had sought dissolution of his marriage with a woman from Amravati which was solemnised in 2001. His appeal had challenged the family court decision that set aside his divorce application under section 13 (1) (Ia) and (III) of the Hindu Marriage Act while upholding his wife’s application for restitution of conjugal rights under section 9 of the same Act.

According to the husband, three months after marriage, his wife started showing signs of some mental illness and the same continued over a period of time when he was informed that she had been suffering from a mental illness since before marriage. As she was under treatment, he continued cohabiting with her but after they had a female child his wife started showing suicidal tendencies and also abused their daughter. He further informed the court that as he feared that he would be implicated for any drastic action taken by his wife he withdrew from his wife’s society for some time.

After the incident, her father took her away to Amravati where her treatment continued and when she returned to Aurangabad the husband and wife were living separately. Hence he sought divorce.

Based on the wife’s admission that she had a mental disorder and was being treated for it, a fact that was corroborated by doctors treating her, the court held that the husband had a right to seek divorce and safeguard himself against any complications that may arise out of any act that his wife may commit due to her suicidal tendencies. The court while dissolving the marriage also quashed the family court order favouring the wife on the same ground.

Divorce on ground of mental cruelty and schizophrenia.

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divorce on ground of mental cruelty and schizophrenia.

Explanation – In this clause, –

(a) the expression “mental disorder’ means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from venereal disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

Explanation – In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. (I-A) Either party to a marriage, whether solemnized before or after the commencement of this Act may also present a petition for the dissolution of the marriage by a decree of divorce on the ground –

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

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Supreme Court of India

Vinita Saxena vs Pankaj Pandit on 21 March, 2006

Bench: Ruma Pal, Dr. Ar. Lakshmanan