Go for filing a petition under sec 12 of Hindu marriage act..also note that you should be having all medical records for her diseases and the fact of her diseases was not told to you before the marriage
I got married in December 2018. The match was done through online matrimonial services. The next day of my marriage, my father in law handed me some medicine for my wife and ask me to give them to her daily for depression. I asked what will happen if she stop taking the medication, he informed me that she will have a lite humming in head. So, i didn't gave it much importance and move on with my new life with my wife. We move back to Delhi, my workplace. After few days my wife insisted that she is alright now and don't want to continue with the medication. Even my father in law said that it is alright. But within 15 days of discontinuation of the medication, my wife started hallucinating. So I informed my father in law, he came by and we visited her psychiatrist. There I came to know that she has schizophrenia and she had the illness for the last 20 years. The doctor prescribed her to take medicine regularly. But my wife was adamant that its a conspiracy against her and she will not take her medicines. I tried reasoning with her but she didn't budge. The hallucinations keeps on getting bad to worse. She even failed to recognise me few times. She is suspecious of any one and everyone. I called my father in law again and he came and get her admitted to a rehab. I am in tremendous stress and don't want to continue with this marriage. I informed my parents afterward and asked my father in law to come and talk with them. He accepted that he didn't informed about the illness before and concealed everything to get his daughter married. I asked him politely to take my wife with him after she get released from rehab, as i am to willing to continue with the marriage and we should mutual get this marriage dissolved, so we don't have to go through the judicial ordeal, but he threatened me that he will abandon his daughter infront of my residence and force me to continue with the marriage. Even my mother in law called me and hinted that they can file a fake case against me. What are options? I have my wife's 6yr old prescription as well as the new one. Even have a copy of the undertaking that my father in law submitted with the local police station that we are admitting her to a rehab due to psychotic episodes and she can harm herself or others with out the medications.
Go for filing a petition under sec 12 of Hindu marriage act..also note that you should be having all medical records for her diseases and the fact of her diseases was not told to you before the marriage
If the court finds that either spouse did not have ability to understand the nature of the marriage contract or the duties and responsibilities of the marriage contract, then there may be grounds for an annulment. However, if the spouse who did not have the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply. In Pronab v. Krishna, it was held that Schizophrenia which is a type of lunacy is a ground for making the marriage as null and void.
You have enough proof to prove that the marriage was done by way of material suppression of fact that the girl was suffering from schizophrenia and can file for annulment of marriage under section 12 of the Hindu Marriage Act.
1) You can file complaint against whole family that they had not provided their daughter have such sickness problem. On this ground you can have divorce from her.
Bombay High Court
Vandana J. Kasliwal vs Jitendra N. Kasliwal on 28 September, 2006
Equivalent citations: AIR 2007 Bom 115, II (2007) DMC 227
Author: P Borkar
Bench: N Dabholkar, P Borkar
JUDGMENT P.R. Borkar, J.
file for anullment of marriage on grounds of fraud as wife has concealed material facts regarding her illness
2) application should be made within period of one year of marriage
3) in case wife files false case of dowry harassment apply for and obtain anticipatory bail from sessions court
1. In this scenario you may file a petition for annulment of marriage as your consent to marriage was obtained through suppression of facts. Preserve her medical record.
2. She may hit back by filing all the cases she can such as 498A and DV Act. Apply for anticipatory bail as and when 498A is filed against you and your family members.
Firstly you can file a police complaint against father in law and family that they did not inform of the illness ans now they are intimidating you that in case you go for annulment they shall file false cases on you.
Also file a petition for annulment of marriage on ground that this fact of disease was canceled from you and you were not informed of this before marriage.
you can file a petition for annulment of marriage as envisaged in section 12 of Hindu marriage act on ground of cheating, fraud and concealment of disease.
file the petition at earliest as the petition will work as your defense in case she files any complaint or case (498a, dowry, domestic violence etc.) against you.
Dear Sir,
- A petition can be filed in Family court for the annulment of marriage.
- "Mere non-disclosure prior to marriage or concealment of curable epilepsy disease of girl and false representation that she was healthy does not amount to fraud within the meaning of that word used in Section 12(1)(c)"- Case Citation "Raghunath Gopal Daftardar v. Sau Vijaya Raghunath Daftardar"
- Wife hides mental illness b4 marriage & unable to continue in marriage. Lower court annuls marriage. Case Citation: Vandana J. Kasliwal vs Jitendra N. Kasliwal on 28 September, 2006
Point No, 4. of the cases states clearly" It was alleged by the respondent/husband, who was original petitioner in the trial Court that the appellant/wife was suffering from Schizophrenia which was incurable. The said fact was suppressed by the appellant’s family. It is also alleged that the marriage was not consummated. With these averments, the petition for annulment of marriage was filed in the Family Court at Aurangabad.
- Have previous medical records in place and other communication recording to support your version of statement
- Feel free to connect incase needed any assistance.
Regards
Vivek Arya
Dear Sri,
No, this is not a good ground for a divorce under Section 12(1)(c). The Supreme Court recently had categorically held that a husband can't take a divorce based schizophrenia
as the same is manageable and treatable. Hence this argument shall not stand in the Court of law.
However, if you give us other details of your marriage, we can help you to ascertain if your case has merit under any of the heads enumerated under Section 13 of the Hindu marriage Act.
Section 13 of the Act has been reproduced below for your better understanding.
Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-
iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-
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.
Sir,
You have right to file application to anul marriage and or also contested Divorce under the provisions for cruelty and mental disorder of incurable nature including under Hindu Marriage Act. Please preserve the said evidences and start generating additional evidence.
On the ground as stated by you you will have judgement in your favour and against you wife in contested case at time when the opp party is hesitating to give mutual divorce. You should proceed asap.
That as far as threats are concencerned dont get intimidated . Stay calm and proceed ahead.You will have engage an expert lawyer to win case on the said grounds.
Rest you may call on consultation with myself through Kaanon.
Dear Concerned,
You can file a case for Nullity on marriage on the basis of the above said documents, however you need to plan it in a manner that your wife is not with you when you file this case, as else it would be difficult to get rid of her in such situation.
Best of luck
If the situation is intolerable and you cannot live with her anymore or continue this marital life with her, you always can opt for filing a divorce case to dissolve your marriage by a decree of divorce.
But kindly note that schizophrenia alone cannot be pleaded as a ground for divorce, you can file a divorce petition ion the grounds of cruelty and can explain about her indifferent activities as well as other undesirable acts done by her under the influence of this ailment due to which there are no possibilities for continuing this relationship.
You may discuss with your advocate at length and proceed on the basis of advises received