You and your family can file for Divorce in the court on Medical issue if you have evidence. Or try to do mediator with family counselor.
My brother is a Uk resident with a mental health condition. He met a girl whilst on holiday in India through family and was manipulated into marriage. My parents explained to the girls family of my brothers situation and that we needed someone to look after him in his future and the girl agreed. They had an Arya samaj wedding in Gujarat and a few weeks later my brother returned to the UK. After the marriage the girls became very different towards my brother. Started pushing him about, forcing him to have sex. He doesn’t understand sex due to his condition and confirmed by a physcologist which we have a report. He became traumatised and decided this was not the right thing for him. The girl confirmed she only married due to her reasons to come to the UK. We are now trying to apply for divorce. We have a power of attorney based in India who can attend court on my brothers behalf. The girls family are refusing to divorce and have even had a passport made. They have applied for Alimony which we are contesting. The marriage lasted a couple of days before we decided to break it off. It has now been almost a year with no progression on this. What is the best way to get this done?
Please provide an email address that I can’t contact if you can help me.
You and your family can file for Divorce in the court on Medical issue if you have evidence. Or try to do mediator with family counselor.
The family want alot of money. We want to try and get divorced on void marriage. Do you think this can be done quickly?
File for annulment of marriage on grounds of your brother's mental condition and non consummation of marriage.
It would be a contested case.
You can ask this to do middle man wo has arranged the marriage.
Or If you want me to perform this task I will negotiate it on your family behalf.
Do you have any medical reports that brother is not mentally fit
is legal, as long as they are considered mentally capable of understanding what is going on and can make an informed decision.
Can you provide your email address so we can discuss in more detail
No, we can't provide email address, its against Kaanoon site policy. Yes, you can select call consultation.
Contact details cannot be provided here. You can find me on google or can get contact details from this portal.
Now in this circumstances they will not agree for mutual divorce it's better to continue with contested divorce.
Sir,
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1. Let your brother apply for Annulment of Marriage, as he has certain mental condition, on account of which he can't perform sex, which fact had been clearly informed to the girl and her parents prior to marriage.
2. Since the marriage has lasted for a few days'only, there can't be alimony worked out for the girl, due to his condition.
3. Annulment of Marriage of your brother can be filed in the jurisdictional District Court in the place of marriage in India.
There is no quick fix solution to your problem. Due to insanity and sexual inability only she can get the marriage nullified, not you as she is the victim. Best option is to settle outside Court. There is also the possibility of LOC and extradition. The law is heavily in favour of women in India.
Dear client I am sorry to hear that but in this case you can file for divorce even in UK and enforce the judgement in India
First of all it is not legal and justified on your part to get your brother suffering from mental ill health conditions married a girl, if the girl side turn the table on your side that you have suppressed the fact of his mental health status, then it can be an offence under criminal law for cheating and breach of trust and many other offences related to this situation. Whatever, since the marriage has been solemnised suppressing the fact material to marriage, it can be considered as void marriage hence it can be annulled by filing an application from her side.
Secondly, the marriage performed before Arya samaj is not considered as legally valid especially if the groom is a foreign citizen and the bride is a resident India. The marriage registered under special marriage only shall be considered as legally valid marriage.
Thirdly, the marriage is solemnised under hindu marriage act among other vital reasons is for procreation, which is also a vital reason. If your brother is incapable of offering conjugal relationship then there is no purpose of this marriage and can be annulled due to his impotency.
If the marriage is annulled for the above said reasons, then there is no marriage at all between them, therefore she will not become eligible for alimony or maintenance, however to avenge this, she may file other criminal cases agaisnt the entire family of the bride groom.
Therefore to avoid unnecessary legal complications and stretched legal battles, it is advisable tht you enter into a compromise on negotiated terms and settle the matter out of court and get the marriage dissolved by a mutual consent divorce after completion of one year after the marriage.
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For all the process it would take time as per procedures of law.
One cannot skip the legal process formalities just for a quicker relief.
Do not act on any misguidance, it may not fetch you permanent solution.
After arriving at a consensus with them you may follow the process for divorce as suggested but by following the proper procedures only
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- 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, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage .
- Since, the marriage is not consummated , then he can file the petition for declaring the marriage as null and void
- He can file the said petition for divorce with the help of said POA holder .
- Further, if your brother is a foreign citizen , then the said marriage performed in the Arya Samaj Mandir is not valid , if the said marriage is not registered under the provision of Special Marriage Act.
Mutual consent divorce is best option . It takes around 6 months
anullment proceedings would be long drawn affair