These cases are very common in various Courts of India. I can understand your concern in this regard. My team has dealt with various disputes of such nature. They say marriages are made in heaven. But so is thunder and lightning. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriage does not guarantee that you will be together forever, it’s only paper. It takes love, respect, trust, faith, understanding and friendship in your relationship to make it last forever.
At the outset, it is crucial here to mention that you should have filed for annulment of marriage on the ground that she is mentally ill.
Section 12 of the Hindu Marriage Act states that:-
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:
(a) that the marriage has not been consummated owing to the impotence of the respondent; or
(b)that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c)that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d)that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
Please note that Section 12 (1) (c) is applicable in your case as your consent was obtained by fraud and the material fact i.e. she is mentally ill was suppressed from you and as per sub section (2) the petition has to be filed within one year of discovery of fraud.
Supreme Court in case of Kollam Chandra Sekhar v, Kollam Padma Latha, (2014) 1 SCC 225, by relying on the testimony of a doctor that Schizophrenia “is a treatable, manageable disease, which can be put on a par with hypertension and diabetes.”
In another case, Sharda v. Dharampal, (2003) 4 SCC 493, the Court observed that “but it is another thing to say that a party may be asked to submit himself to a psychiatrist or a psychoanalyst so as to enable the Court to arrive at a just conclusion. Whether the party to the marriage requires a treatment or not can be found out only in the event, he is examined by a properly qualified Psychiatrist.”
Therefore, your wife would be asked to submit the proof of mental illness. As stated above that since the fraud is committed by her, therefore, she is not eligible for any alimony amount, however, detailed discussion is required in such cases with complete documents. You may contact my secretary to connect with me for clarification.