Hi, I got married on 14th July 2020. On 3rd day od marriage my wife fainted. On enquring this with there family we were told that my wife was under mental stress & taking treatment from a psychiatrist for quite some time. We were also told by my wife that she was in relationship with his colleague & faced some bad experiance. My wife is gone to her home with her sisters on 6th day of our marriage. Can she file DV case against us & can I take divorce on this conditions in one month of our marriage. How I can safeguard me & my family from any wrong cases from their side.
File for anullment of marriage within period of one year of marriage on grounds of fraud as they suppressed material facts about her illness
2) obtain copy of her medical treatment records
3) you can file for divorce only on expiry of one year of marriage
Divorce cannot be filed before 1 year of marriage.
You should go for annulment of marriage on the basis of concealment of facts
Hello,
1. There is restraint on filing a divorce suit within one year from the date of marriage unless there is utmost urgency.
2. If you do not want this marriage then ask her to declare you marriage null and void on mutual consent.
3. If she is unemployed then she can file case under PWDV Act from her parental place.
Don`t do anything at present. If she was forced to marry you than procure these evidence and apply for divorce. These evidence will only safe guard you if she files false case of DV.
- As per law, if wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Legally you can file a divorce petition for suppression of her medical condition ,and also on the ground of her relationship.
- However, when you will file divorce petition , then she may file cases on domestic violence Act.
- Hence, you should lodge a complaint/information against her and her family members for cheating and breach of trust , and thereby mention that she is threatening for implicate you and family members in false cases.
No worries about incidence occurred and mentioned by you.
She may file DV Act cases against you and your family but you have surely remedial source by applying Anticipatory Bail Application Before Sessions Court.
Next question is for your divorce petition.
The answer is No.
As per Law you have to wait one year from the of marriage till date of filing of divorce petition.
You may file divorce petition on 15th July 2021.
No you need to file annulment if you feel that they have defrauded you. They may file dv. Divorce can only be filed after 1 yr of separation
On mental ground you can file for nullity of marriage, so in future you both of will be not called as divorcee but bachelors.
1. File for Annulment of Marriage within one year of marriage for the reasons stated by you.
2. Since your wife was there with you for only 6 days, even if she files DV case, it cannot stand in the court of law.
1. You shall have to file divorce suit after completion of one year of marriage.
2. You can file annulment petition now itself on the ground that vital fact about her psychiatric problem was suppressed from you while taking your consent for the marriage and had the said fact been made known to you, consent for your said marriage would not have been given by you. You shall have to file this annulment petition within 1 year from the date of coming to know about the fact which was suppressed from you.
3. She can of course file any case against you which you shall have to contest fittingly.
If she is suffering from any incurable mental diseases then you can file a petition seeking annulment of marriage for suppression of facts material to marriage.
If it is just a curable disease then you may not be able to file an annulment petition.
Her past relationship with her boy fried is continuing till this day then you can take legal action but for tht also you may have to wait for one year completion to file a divorce case on the grounds of adultery.
If she files a DV case, you can challenge the same on merits and documentary evidences in your side.
Dear Sir/Madam,
You are suggested to send sms, whatsapp, email, letters etc. to your wife calling her to your place and if she does not come or does not respond, file the case of restitution of conjugal rights under section 9 of Hindu Marriage Act for calling her to your place.No divorce application can be filed within 01 year of marriage.
Don't be panic .Not capable of living or working together happily or harmoniously to a person is not a ground for Divorce.. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences
There are two ways to legally end a marriage – annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.
An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:
Bigamy – either party was already married to another person at the time of the marriage
Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.
Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.
Marriage Prohibited By Law – Marriage between parties that based on their familial relationship is considered incestuous.
Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage.
Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent.
Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage.
Some laws in India do state unsoundness of mind as a valid reason for nullity of marriage. However, determining unsoundness of mind can be a difficult issue, especially when made in retrospect. The law regarding nullity of marriage should not discourage persons from seeking mental health treatment, and neither from getting the persons with mental illnesses married. The aim of the law is to avoid and nullify only those marriages where unsoundness of mind is severe and intense to preclude discharging basic marital dutiesSome laws in India do state unsoundness of mind as a valid reason for nullity of marriage. However, determining unsoundness of mind can be a difficult issue, especially when made in retrospect. The law regarding nullity of marriage should not discourage persons from seeking mental health treatment, and neither from getting the persons with mental illnesses married. The aim of the law is to avoid and nullify only those marriages where unsoundness of mind is severe and intense to preclude discharging basic marital duties.
If your wife is suffering from incurable mental diseases then you can file a petition seeking annulment of marriage for suppression of facts .
A case for annulment of marriage should be filed by you as vital and material facts were hidden from you by her. Whe may file a case if she is not interested. But if you have reservations about staying with her then you should be proactive and file a case immediately.
1. Nothing can prevent her from filing DV case or even a false complaint for dowry harassment.
2. If and when a FIR gets lodged against you under 498A IPC then apply for anticipatory bail immediately.
3. Under Hindu Marriage Act a petition for divorce cannot be filed within a year from marriage except if it is a case of exceptional hardship. This is not a case for exceptional hardship.
If you want divorce on this condition when you have to prove in the court that this medical condition cannot be cured mental conditions when the medication is possible that can be cure and only on this ground you will not be allowed divorce so please be aware that only and this ground please don't move your petition to the court however as you are married in July 2020 only so you have to wait for another July to come over to complete your one year of marriage before you go to the court until and unless there is some specific case where you have to go to the court and ask for permission to file the case of divorce
You need to wait for completion of one year of marriage for divorce. However, under exceptional circumstances, you can file application before completion of one year based on her relationship and medical reasons.
The chances of her filing DV and other cases are remote, even if they are filed, you need to contest them using above proofs.
It is a void marriage. When there is a suppression of facts at the time of proposal and by misrepresentation the marriage was done, then it can be refereed as Void Marriage. On the behavioral attitude of your wife
It's better to discuss over the call because it is the matter of mental Health issue so we should discuss the details over the call.
Yes, you can take divorce.
1. Yes she can file DV case against you and your family.
2. No but you can file case for declaring your marriage null and void by way of annulement on ground of concealment of facts by family of your wife.
