You have to seek phone consultation with any lawyer from the website
obtain contact details from website
file petition for anullment of marriage on grounds of fraud
Annulment
Sir my cousin has recently been married but his "wife" is mentally unstable. Marriage has only been for 2.5 months. She accepted all living conditions before marriage, and now she is insisting my cousin leave his parents and they live separately. She is constantly causing chaos in the family dynamic and her behavior has been erratic and rash. My aunt, uncle, and cousin are completely demoralized and they would like to be relieved of this situation. I'm in the United States (Los Angeles, California) and am doing research for them as well to see how we can resolve this matter. They live in Ghaziabhad. Can you please contact me on WhatsApp if possible, or provide your number so that I may contact you for the same? My phone is +[deleted]. Thanking you in advance!
Asked 12 months ago in Family Law
Religion: Hindu
10 Answers
If you have evidence for mental illness prior to marriage and if it is incurable then you can file a petition for annulment of marriage.
If there's no evidence available then he can first file a petition under section 10 of HMA for judicial separation, wait for one year to complete the marriage after which he can convert it to divorce petition on the grounds of cruelty.
This judicial separation petition would help him avoid being with her together and also avoid further tortures from her.
Marriage cannot be annulled on the ground mental instability. There is no such provision for annulment of marriage for claimed reason. But a divorce can be obtained under Section 13 (1) (iii) for the reason that the respondent that, the respondent has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind a and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
It can only be filed after one year of marriage.
A case of divorce has to be filed but there is an issue that divorce petition can only be filed after 1 year has lapsed after the marriage. So you have to wait for 1 year. Moreover where does the girl live I mean in the ancestral house or in the house of the son. All these things have to be taken into consideration before taking any action.
You may contact me through this website. I have associates in Ghaziabad.
A husband can be granted divorce from his wife for subjecting him to mental cruelty if she forces him to get separated from his parents.
Procure these evidence and apply for divorce.
- 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 was mentally unstable even before the marriage , and this facts were concealed by her family members, then this marriage can be declared as null and void.
- You can contact me, if further suggestion needed.
Ask your brother to contact first family counselor and later take decision of Annulment of marriage.
1. If any medical prescription can be availed to prove that she is psychologically/mentally suffering, then an annulment petition can be filed alleging that vital fact of her ailment was suppressed from the bridegroom while taking his consent and had it been made known to him, he would not have given consent to marry her.
2. Alternatively, he can file a divorce suit on the ground of cruelty submitting evidence in support of his allegation.
If your cousin's wife is mentally unstable, the first step should be to seek medical assistance for her. Depending on her condition, she may require psychiatric evaluation and treatment. It is important to consult a qualified medical professional to address her mental health needs.
Regarding the living arrangements, it is important to understand that in India, it is common for married couples to live with the husband's parents. However, if your cousin's wife is insisting on separate living arrangements, they may want to consider seeking the advice of a family counselor or mediator to help resolve the issue.
If the situation cannot be resolved through counseling, your cousin and his family may want to consider seeking legal advice to understand their options. In India, divorce can be granted on the grounds of mental illness or cruelty. However, divorce should be considered as a last resort and only after all other options have been exhausted.
I hope this information helps, and I wish your cousin and his family the best in resolving this difficult situation.
He can go for annulment of the marriage on grounds of fraud if same was not informed to you
