• Schizophrenia and fraud

Myself and husband find total incompatibility with each other after 1 year of marriage .

I am doubtful that my spouse has schizophrenia ,not sure though

Can i apply for mutual consent divorce if both are consenting? would the consent be valid if spouse has schizophrenia

Can i file FIR against the in laws for concealment of illness? and cheating

What options do i have?
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

Your best option is to file for divorce by mutual consent 

 

2) you have no evidence that husband suffers from mental illness 

 

3) contested divorce proceedings take years to be disposed of 

 

4) you can file FIR against husband and in laws for cheating if you don’t want divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

File a petition under Section 13B of Hindu Marriage Act, 1955 for divorce by mutual consent. Conditions are—

  1. Both are living separately from one year.
  2. The grounds for divorce must be stated clearly.
  3. Both cannot live together.
  4. Both the parties should approach the court.

Contact local lawyer and engage him it takes 1 year for divorce decree.                      

Document required by both parties…

  1. Aadhar card
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Divorce petition.

No second marriage till you get divorce. 

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially which the child is girl custody is given to mother with visiting rights to father. 
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You cannot file FIR after mutual consent divorce as there would be clause on consent terms that both parties shall not file any case against husband or his family members 

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

Schizophrenia is not a diseased that amounts to cheating by suppressing the same at the time of marriage.

It is not no doubt a mental ailment but do not qualify for mental impairment.

You can very well go for mutual consent divorce  if he agrees for that.

 

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

The mutual consent divorce will be very much valid.

No criminal complaint would be maintainable post the dissolution of the marriage either by mutual consent divorce or by a contested decree of divorce.  

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

Yes you can also go for annulment in the said. Matter

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Yeah you may file a mutual consent divorce petition. A schizophrenic person is not insane. He is lucid unless proven otherwise ie he may have bouts of illness.

Once you are granted divorce you cannot file any case. You may do so before.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yeah the consent is valid. No you cannot file a case after the divorce.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is better you apply for divorce by mutual consent and obtain a decree. You need to move on with life. Do not waste time, money and effort in chasing any criminal action.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

- You can file a joint petition before the court on the ground of mutual consent divorce

- Further, if he not agree to give his consent for mutual divorce , then you can file a declaration suit before the  court for declaring the marriage as null and void on the ground of concealment of facts. 

- After filing the mutual divorce you cannot lodge FIR . 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

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