• Family is not admitting the previous thing which happened before marriage

I am facing little different issue.
Actually I got married on feb 2022. But the problem is she was having diseases earlier.There family members are not abmitting that she was having all those problems earlier. But my wife is directly telling that she was having these problems. My wife’s family is telling that if something happened to our daughter we will take an action against u.She was having anxiety and depression problem also Schizophrenia. She is telling that her family was turtureing in her past life and didn’t give any freedom. Her family always threatening us. Which step I should take please help me I have been going to hospital after my marriage.
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

You need to prove the same by getting her treatment documents or admission from her in any way

Prashant Nayak
Advocate, Mumbai
34539 Answers
249 Consultations

You can file for annulment of marriage on grounds of her suffering from Schizophrenia before marriage but the onus of proof would be on you to prove that was suffering from the said mental ailments before marriage by way of irrefutable documentary evidence.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Obtain in writing from wife that she had pre existing illness and was not disclosed to you if your family before marriage 

 

file for anullment of marriage on grounds of fraud 

Ajay Sethi
Advocate, Mumbai
99809 Answers
8147 Consultations

Dealing with depression and anxiety causing mental illness can very much ruin lives. This mental illness will show up, time and time again, that it holds one back. It will robs him or her of everything her or his ability to live. The mental health may deteriorated slowly and the affected person may not sense that anything was wrong until it will blow out of proportion.  Recovery is a terrible process. But by constant care of psychiatrist and psychologist, one can get cured over the period of time.

Therefore it cannot be said that it is an incurable disease.

Mental health conditions, such as depression or anxiety, are real, common and treatable, and recovery is possible.

If it is curable disease then the suppression of the said illness cannot be a material to file a petition seeking annulment of marriage within one year from the date of marriage. 

.Alternately you can wait for one completion of your marriage and file a divorce case on the grounds of cruelty stating that suppression of her mental illness is an act of cruelty. 

For now you remain silent and endure the difficult situation somehow, wait for one year completion of the marriage and then initiate action as suggested if the situation do not improve or the threats persist. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

- As per section 12 of the Hindu Marriage Act, concealment of true facts by the family of one party from other party is a ground for declaring the marriage as null and void. 

- Hence, if she is admitting that she was having such problems prior to marriage , then you can file a petition before the court for declaring the marriage as null and void. 

- Further, if her family is creating trouble , then you can lodge a complaint  before the police and higher official for your safety. 

- Further , regular interference by the brides family is also a ground for divorce. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Instead of divorce file petition for anullment of marriage on  grounds of fraud 

 

2) if wife is highly qualified and working she would not get any maintenance unless there is substantial difference in your incomes 

 

3) if wufe has maligned your reputation then file case of defamation 

  

Ajay Sethi
Advocate, Mumbai
99809 Answers
8147 Consultations

if your wife was suffering from a pre-existing medical condition that was not disclosed to you prior to the marriage, then you may have grounds to challenge the validity of the marriage. In such cases, the aggrieved party is legally entitled to seek annulment of the marriage.Moreover, if your wife's family is threatening you in any manner, you may file a police complaint against them and seek protection from the court. You may also approach the court and seek a restraining order against them.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a divorce case on the grounds of cruelty.

Her multiple false cases can be mentioned as reason for cruelty.

About her false cases you prove them to be false by getting them dismissed after which you can think about filing defamation case or whatever you case you desire 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Yes you cna file divorce on ground of false cases on you.

 You need to fiest seek Anticipatory bail if any cognisable section mentioned in FIR.

You can oppose maintenance on basis of her qualification and job

Prashant Nayak
Advocate, Mumbai
34539 Answers
249 Consultations

I'm sorry to hear about the difficult situation you are facing. It sounds like a complicated issue that requires careful consideration and action. Here are some general suggestions that may be helpful:

 

Consult with a lawyer: It is important to understand your legal rights and obligations. A lawyer can help you understand the legal implications of your situation and provide advice on how to proceed.

 

Get medical advice: If your wife is currently suffering from any medical condition, it is important to get appropriate medical advice and treatment. You may also want to consult with a mental health professional who can provide support and guidance.

 

Consider counseling: Marriage counseling can be a helpful resource for couples who are experiencing difficulties. It can provide a safe space to explore and work through issues in a supportive and non-judgmental environment.

 

Document everything: Keep a detailed record of any threats or incidents of violence or harassment, as well as any medical treatment or counseling sessions. This can be important evidence if legal action becomes necessary.

 

Stay safe: If you feel threatened or unsafe, take steps to protect yourself. This may include seeking a restraining order or staying with friends or family for a period of time.

 

Be prepared for legal action: If your wife's family threatens legal action, be prepared to defend yourself. This may include gathering evidence and working with a lawyer to protect your legal rights.

 

Remember, every situation is unique, and what works for one person may not work for another. It is important to seek out professional advice and support, and to make decisions that are in the best interests of your safety and well-being.

 

 

 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

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