Christian divorce

I am a Christian male ,married unknowingly an insane person.The behavior of partner is improper. My family developed doubts regarding her behavior from the very beginning .She attacked me and my father several times.She has suicidal tendency. Once she jumped from a running vehicle.She is also epileptic.As per previous medical records, she has been suffering from mental issues since a long time and has been on medications, which she stopped post marriage on parent's advice.She spit out the medicines which I gave her.There is an incidence of absconding from home , 15 days afterwhich she wss brought back . Psychiatrist advised pregnancy test shich on primary test turned positive.After 2 months she went to her home.No further communication except verbal abuse via phone was present from their side.No scan reports were shown to me.She claimed a date of delivery ,but did not show the baby or hospital record.I highly doubt confabulation of pregnancy.What should I do to declare marriage null and void.Which sections should I include in my petition?

Asked 2 years ago in Family Law

Religion: Christian

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6 Answers

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, 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.

- Further, if she has suppressed regarding this disease at the time of marriage ,then the marriage can be declared by the court as null and void.

- Further , if she is not interested to live with you then she can take mutual divorce under the Christian marriage Act , and if she not agree ,then you can file a divorce petition before the court on the ground of cruelty and other mentioned grounds.

Mohammed Shahzad

Advocate, Delhi

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File petition for declaration that marriage is null and void on grounds of fraud

that wife was suffering from mental illness prior to marriage and the said fact was suppressed at time of your marriage

Enclose medical reports which prove that wife was suffering from mental illness

Ajay Sethi

Advocate, Mumbai

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Since your spouse is reported to have suffered from insanity even before marriage you can file a petition seeking nullity of the marriage on the same grounds.

The Indian Divorce Act 1869 was amended and the grounds for nullity of a marriage under the act are:

In case the respondent was impotent at the time of marriage and also at the time of institution of the suit.

Bigamy: Either of the party has living husband or wife at the time of marriage and that marriage is in force

Marriage between the persons within the prohibited degree of consanguinity or affinity

Either party was lunatic at the time of marriage.

T Kalaiselvan

Advocate, Vellore

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Lunacy is one of the grounds to make marriage null and void according to Indian Divorce Act 1869. You can file a suit at the Family Court, under whose jurisdiction you are living at present, to declare your marriage was null and void from the beginning.