You can try to annul the marriage on ground of her mental condition. You cant directly send her as it's illegal
Arrange Marriage 5 month - Daughter in law mentally unstable
My brother (25yrs) is a heart patient by birth and had a difficult life. He is slow learner and could never get a job. My parent (59,60 yrs) work for Indian central government in Varanasi (Father retired June 2019) and they got my brother arranged married on 23rd April 2019. Girls (24 yrs). Girl comes from small, poor lower middle class family and we are strongly against dowry. So her father did not spend anything in the weeding, no dowry, even the cost for barat etc was paid to him by my father as he only wanted a decent 'bahu' who can bring love, care nurture and companionship to my brother (My father spent in total 25 lacs in wedding). My parents and brother are simple, upper middle class people with strong self respect and values. She has been really misbehaving from day1, she has no respect for anybody, She has abused my brother, she abuses my mother. she has called my relatives and asked for money. We have tried talking to her very politely to understand what is her problem and she says her husband doesnt have a job so she feels cheated. But were 100% transparent with my brothers situation before marriage and they use to talk on phone all the time before wedding.So she knows what she was getting herself into. She has been sick sometimes and when we took her to a doctor, they did lot of tests and said she is mentally unstable and needs medication. She has threatened to kill my parents and my brother many times and to kill herself as well. We are completely distressed by her behaviour and on the verge of a breakdown. I am afraid my brother is not strong enough to go through this and will commit suicide or my father will have a heart stroke and somebody will die. The whole family, relatives, neighbors, maids everybody is shocked at her behaviour and sympathise with my family. We have tried seeking help from girls father and mother but they are equally abusive. The girl has completely defamed my parents to all her relative by making false accusations. Her father and mother threaten my parents multiple times that they will bring police to our house for mistreating their daughter, whereas in reality their daughter is the one tormenting us. My father is hopeless now as he believes law always takes girls side specially given my brother wants to stay with her. Before wedding we were told the girl is caring and she is good match for my brother as she will take care of him. Now her family openly sends people to enquire about the value of our 2 floor house, and my mothers salary and papa's pension and if my mother died now can the daughter in law get her job etc.. What would you advice? Can our law help us get out of this misery? Is it true law always takes girls side even when they are lying and cheating? Can we file a case and send the girl back? Can we nullify this marriage? We were kept in dark about girls behaviour and possible mental instability. Whilst we were very transparent about my brothers weak health.
Asked 6 years ago in Family Law
Religion: Hindu
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14 Answers
See if brother wants to stay with her seperate them for parents and get the girl psychiatrist help. Also to be safe file a police complaint for record that she is intimidating to kill or to do sucide and her family is intimidating for false cases.
See if things are not sorted out then brother has to file divorce on ground of cruelty by wife and have to contest same. Also he can ask for mutual divorce if she agrees.
See as you have informed about the condition but they hide it brother can file for annulment of marriage on this ground.
This is a very troubling situation. Your parents can't conteol her and she is not in a position to take care of either her husband or her inlaws. If you don't want to continue then a divorce petition must be filed in the family court on grounds of fraud and deception. They didn't tell you that she is mentally unstable.
Regards
A decree of nullity can be obtained on this ground.
If daughter in law is suffering from mental illness and said fact was suppressed your brother should file for anullment within period of one year of marriage
2) your parents should seek orders to direct son and daughter in law to vacate portion of house in their possession
3) seek permanent injunction restraining them from disturbing your parents possession of house
4) if girl files dowry harassment case apply for and obtain Anticipatory bail from sessions court
Yes, you brother can apply for annulment of marriage i.e. Nullity..... On the mentally not well wife on this ground and no body info to you people about her mental conditions.
Plus your parents can take help of senior citizenship act. Before her parents file false case on your parents. That she is threatening all family members to kill or try attempt to kill and attempt to suicide herself.
Dear Concern,
Please take note -
01. First among all, prepare a date-sheet of your case right from the starting as to how do you found our this family and how the marriage proposal got formalised, when was the first meeting held for this proposal, how did it went further, when did the marriage was solemnised, where it was solemnised and what has happened thereafter. Each and everything shall be noted down.
Prepare an excel sheet for this. The first column should mention the date (DD.MM.YYYY), the second column shall mention the incident happened on that date and the third column shall mention the proof which you have with yourself to substantiate this event as to be true.
02. Then ask everyone in your family to start recording every communication which is happening in between the girl and/ or her family member and yourself and your family member. Phone calls recording, social media messages (whatsapp, facebook message etc), general message, any audio recording or video recording of any meeting are all admissible as evidence under section 65B of the Evidence Act.
03. Collect all the medical reports of your sister-in-law and get herself treated in government hospital and get medical record from there as well.
04. Collect proof of all expenses made towards the marriage and other proof as well like marriage video, photos, card etc.
05. Meet an advocate of your choice and ask him to prepare a case of annulment of marriage under section 12 of the Hindu Marriage Act. This section provides annulment of marriage if it is found that the girl is mentally not stable and you do not have to become a divorcee at the end of the day. But remember you have to come to court fast, like as soon as possible. This scope under law is available to you only for the first year of the marriage and also till the point you realised that she is mentally unstable. That is why her medical check up once again in mandatory.
06. You don't have to worry about maintenance and her being able to bring case under Dowry Prohibition Act, Domestic Violence Act etc. If you have proof with yourself you can contest your case easily and can win it.
07. Besides also file application of cheating under section 415, 420, criminal breach of trust under section 406 and of criminal intimidation under section 506 of the IPC in against the girl and her family otherwise they will keep on tormenting you and your family.
Both the cases i.e. one which I mentioned under the Hindu Marriage Act and the one which I mentioned under the IPC shall be brought up together only then they will take a back seat and will come to negotiate with you and your family.
Get rid of this relationship as soon as it is possible otherwise you and your entire family will be in big trouble.
My best wishes to you.
1. Your brother is free to file a petition for dissolution of marriage on the ground of cruelty, but he has to wait for marriage to be at least a year old as Hindu Marriage Act does not, save in exceptional circumstances, allow the filing of petition for divorce before a year from the date of marriage.
2. The mental instability and behaviour of girl is not a ground for annulment. It is a ground for divorce.
3. Law does not take the side of girl.
1. This marriage seems to be a preplanned affair from the girl side to extort money as there is no apparent reason for this.
2. So whenever problem arises do inform the police in writing. This would help you later on.
3. Talk to the girl side and if they agree then file a suit for nullity on mutual consent or file mutual divorce in May, 2020.
4. if the dispute is unbearable then you can send the girl to her parental home and send her monthly maintenance.
5. if the marriage was not consummated then you can file suit for nullity on non consummation of marriage.
The normal course of law is that after one year after marriage only proceedings may be started in this case if you want to go for an early decision then you have to apply to the family court to start the divorce proceeding for annulment of marriage as the case may be and case it is allowed by the court then you can file the petition of divorce.
It is not necessary that it is taking only the girl side both the parties have the equal right in a case of dispute and it is decided by the court accordingly on the merit.
You will have to produce very strong reason for annulment of disparage based on the medical records behaviour is not a material factor in this case at this moment
1. Have the Girl examined by a Psychiatrist from a Govt. Mental Hospital (not private) and obtain his reasoned report.
2. Based on the Govt. Doctors report, file for divorce in the local Family court, on grounds of cruelty and violet behavior.
My advise is that your parents should file disown case against son and daughter in law and file eviction suit under senior citizen act on ground of cruelty by daughter in law.
And your mother should also file DV case against her daughter in law.
After that your brother should file divorce case against her on ground of fraud and misrepresentation of facts.
Mental disorder can become a ground for filing a divorce if the spouse suffers from incurable mental disorder and insanity and therefore it cannot be expected from the couple to stay together. You need to prove that the mental disorder is standing in the way of a happy married life and affecting your health and career.
You can gather the records of her mental illness immediately without her knowledge.
After that you can ask your brother to file a petition seeking annulment of marriage due to her mental illness.
This should be filed within one year from the date of marriage.
If it is beyond one year then you can file a contested divorce case on the grounds of cruelty.
1. It appears that the girl could not reconcile with the fact that your brother will never get a job and also not at par with a standard bridegroom though she were made known about your brother's problems.
2. It is not a fact that te law takes the side of girls. Indian girls in villages are in extreme misery for which provisions of law were made to protect them which are now being gainfully misused by Metro Brides.
3. Gather evidence of her cruel acts on your brother and other family members by audio/video recording her conversations. Thereafter file a divorce suit after completion of one year of the marriage, on the ground of cruelty. You can not send the girl back to her parental; home. The wife has the right to stay at the place where her husband is staying.
4. If you have the evidence that she had mental ailment which is still continued and which was suppressed from your brother, then your brother can file an annulment suit on the ground that vital fact was suppressed rom him while availing his consent for the marriage and had the said fact been informed to him, he would not have given his consent for his said marriage.
