• Marriage conspiracy and divorce

My niece was suffering from schizophrenia since 2016, now she is been ik abd has to take 1 tablet daily , we got her married on 21 May 21 . My newely married nephew's mother been suffering from severe mental problem we did not disclosed the previous history of the disease as she was ok since last 4 years. due to excitement after marriage my niece didn't took the tablets and on 1 june 21 she showed the same symptons as shown in 2016. Now the other party are threatening us to file an FIR in police station against all of us and demanding divorce , please guide
Asked 3 years ago in Criminal Law
Religion: Hindu

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13 Answers

The problem is a consistent one and hence you should have told them before marrying her. She will probably take medication for the rest of her life. Try to negotiate with them. But it is upto them now how to take this issue. 

Share with them the reports and let them decide.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Since this marriage could be finalized only on account of concealment of the mental condition of the girl(wife), it can be said that the grooms consent for marriage was sought by fraud. It is better to proceed for mutual divorce or annulment of marriage as the groom side are in a good position to fight for their rights.   

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

First of all Schizophrenia is not at all a disease which is incurable, hence suppression of the fact of this disease existing in the bride before marriage is not a material fact for marriage, therefore it cannot be considered as an act of cheating.

The police cannot interfere in this matrimonial dispute.

The groom cannot approach court with a petition seeking annulment of marriage on this ground.

He is not eligible to file divorce within one year from the date of marriage.

This disease cannot be held as a valid ground for divorce on the grounds of cruelty as well.

Hence if the groom side is threatening to take any action on this, you can challenge them properly  and for now you can ask them to adjust and live because this is a curable disease and she can become alright in the passage of time. 

If they still insist on the same issue, then your niece can take action agaisnt them by lodging a criminal complaint with the police for harassment and acts of cruelty.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

A mutual consent divorce petition can be filed immediately and within a week the divorce can be finalized by waiving of the cooling off period. This can be done by giving an application.

You should immediately file a petition. The divorce would be granted within a week.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Schizophrenia, the illness can be successfully treated and managed. The key is to have a strong support system in place and get the right treatment and self-help for your needs.

Schizophrenia requires lifelong treatment, even when symptoms have subsided. Treatment with medications and psycho social  therapy can help manage the condition. In some cases, hospitalization may be needed.

 Temporary ill-health including schizophrenia, a mental illness, which is curable, cannot be a ground for divorce under Section 13 (1) (iii) of the HMA, 1955.

Supreme court has held that

 Under Hindu law, marriage is an institution, a meeting of two hearts and minds and is something that cannot be taken lightly.”

Marriage is highly revered in India and we are a nation that prides itself on the strong foundation of our marriages, come hell or high water, rain or sunshine…” The partners “must weather storms and embrace sunshine with equanimity. Any person may have bad health, this is not their fault and most times, it is not within their control

It was further held that 

“Schizophrenia is a treatable, manageable disease, which can be put on a par with hypertension and diabetes,

Mental illness of a person itself is not a ground for divorce; according to law, if a person has mental disorder of a kind that the spouse cannot be reasonably be expected to live with them, then divorce may be granted

In India, divorce can be obtained only on fault grounds -- the person who approaches court has to show some fault of the other, unless both parties mutually agree to separation. So exaggeration is common in cases of divorce. Whether a person has mental illness to the extent that warrants dissolution of marriage is subject to trial, which is a safeguard. The court will examine whether the person with mental illness is capable of leading a married life.

 

Thus the law is not in ther favor even if they are threatening you with some criminal cases.

The police will not entertain their complaint on the grounds of cheating when the law itself is not recognizing this as an act of cheating.

You people can remain stubborn  and do not react or respond to their allegations or provocative statements.

You can challenge them if they approach court because courts will not entertain any cae that may be filed by them in this regard.

 

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Dear Sir,

1) It has been held by Supreme Court that,Schizophrenia is a treatable, manageable disease, which can be put on a par with hypertension and diabetes.

2) You should try to negotiate with the other party and make them understand even though it was hidden, the disease is treatable and the girl had recovered from the same since 4 yrs showing no symptoms.

3) If the other party is adamant to take divorce immediately, you should file file mutual consent divorce, but the groom will have to wait for one year before they can file the same.

4) You can tell them this is not ground for annulment of marriage on basis f the Supreme court judgement.

Thank you

 

 

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

Dear Querist

Hiding information of the previous history is not an offence so there is no need to worry about any criminal legal action against you.

 

he may file annulment petition based on the fraud before the family court and nothing else.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Refuse to agree for divorce 

 

You can get divorce only after expiry of one year of marriage 

 

if they file any case contest it 

 

 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

It would not affect your government job 

 

no case is made out against you 

 

your sister was under medical treatment and was perfectly fine 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

- Even the same is known by her husband , but if he is not having the proofs of the same, then she can lodge a complaint against him for the said happening with her. 

- Further , she can file complaint against her husband under the provision of domestic violence Act and can claim maintenance and residential right from her husband. 

- Further, if her husband is having proof against her mental problems , then why he is asking for divorce from her , he can declared the marriage null and void on this ground legally. 

- Such FIR against wife not maintainable. Police cannot involve on this issue .

- She should take legal action against him .

 

You can contact with me , if detail suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Hey,

Since there was suppression of material facts to obtain the consent of the groom for marriage, there is a good ground for the guy to get the marriage annulled. Since you have done these acts, a criminal case of cheating and criminal breach of trust can also be made out against you all. So, best is settle it with mutual consent divorce and negotiate the settlement amount and the terms of the agreement. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

1. No FIR is made out for this but if a FIR gets registered against you then immediately apply for anticipatory bail lest police arrests you.

2. However, this is a ground for annulment of marriage as consent to marriage has been obtained by suppression of her medical history.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Divorce can be filed only after one year from marriage.

 

You must explain the above position t0 them; and until the marriage becomes one year old, you could get the girl back to your home. 

 

I do not see you landing in any legal soup since you guys are ready for divorce. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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