• How to file the divorce case

My younger brother just got on 17th Feb 16 married and found after a month that his wife is reacting like a mental case. When my mother and brother call to her parents at their home, his wife start beating to her parents and using the nonsense for her family relatives.  My mother is very old she is unable to handle her at home .  Her parents has took her to their relatives home just to avoid the public rush at their home and after that they admitted her to AIMS (one of my cousin take the appointment with doctor for her) but even after 7 days no improvement is found on her behavior.   
Now when I inquired about the problem at the area she residing, maximum of people are telling that she is having this problem from so long (she was child) and that’s why she is not staying with their parents. The mental problem cannot remove now; they cheated us, we had not inquired about her. The ring ceremony was done within a week of our first meeting due to the pressure given by her parents.   
Please suggest what to do my brother is going under depression and don’t want to continue with this relation. We want to file a divorce
Asked 7 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1) your brother can file for annulment of marriage on grounds of fraud

2)annulment should be filed within period of one year of marriage 

3) you will need your brother wife medical records to substantiate your claim that she is suffering from mental  illness before marriage
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
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Dear Querist
 as per law the divorce case can not be filed within one year of marriage but your brother can file an annulment petition before the family court for declaration of this marriage as Null & Void as per section 12(1)(c) of Hindu Marriage Act-1955 based on fraud and concealment of real facts.


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Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
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Your brother can persuade his wife to visit a psychiatrist and if she does not heed to his advice then mutual divorce may be filed after a year from the date of matrimony. A petition for dissolution of marriage cannot be filed unless a year has expired from the date of marriage.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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this is a case of cheating and hence without any further delay you should file a complaint in the nearest police station mentioning the facts of what has happened, starting from the day of first day of the meeting with the girl and her relatives followed by filing a case of nullity of marriage on the medical condition of your brother"s wife.


Please note that do collect all the medical reports of the girl (brother's wife) from hospital which need to be attached with the petition of nulllity of marriage.

It is suggested contact a local lawyer at the earliest before the girl family thinks of filing any false cases against your brother and family.
Atulay Nehra
Advocate, Noida
424 Answers
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Mental illness is a heavy cross to bear, no question. Whether you are someone who suffers from it, or a loved one trying to help someone cope with some form of mental illness, it can affect nearly every aspect of normal life and you may find yourself in situations you never thought would be possible, like divorce. However, determining unsoundness of mind can be a difficult issue, especially when made in retrospect.
A Hindu marriage is voidable according to this law if either party:
Is incapable of giving a valid consent as a consequence of unsoundness of mind or
Though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, or
Has been subject to recurrent attacks of insanity. In the above-mentioned three circumstances, the marriage can be held null and void. Additionally, if the marriage has not been consummated due to impotence of the respondent, the marriage can be considered null and void. Also, the marriage can be considered null and void if that the consent of the guardian was obtained by force or by fraud; or the respondent was at the time of the marriage pregnant by some person other than the petitioner.

Therefore, your brother can decide for filing a petition for annulling his marriage on the basis of her past medical records. 
T Kalaiselvan
Advocate, Vellore
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you can file a petition under section 12 of hindu marriage act, for annulment of marriage. don't file any other case because then your petition will be lingered on by her. 

you can take plea that fact of her mental disease was suppressed by her parents at the time of marriage and you have not cohabit with her after knowledge of fact, therefore marriage is liable to be declared annulled.  
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
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