Divorce Due To Mental Illness Of Wife

Asked in Divorce

  • *****h

    Noida

Expert's Answers(7)

  • Advocate Ankur Goel

    Bangalore, Karnataka
      7 Client Ratings

    Why i am getting sense that you might have returned the medical papers to them instead of keeping with you ! if yes, then can you take copies of them from US hospitals because you will need it. You have any evidence with you for illness(Schizophrenia) occurred in 2014 ? Better try to get it before doing anything. Once you have evidence, then file for Annulment for fraud. You will get it easily.

    May 26, 2021
  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, Better you file Divorce Case on medical grounds in India.

    May 12, 2021
  • Advocate Tanmoy Chattopadhyay

    Howrah, West Bengal
      1 Client Ratings

    You need to act and act fast on filing the divorce and you have a strong case as the mental capacity of the girl is not fit and you have been subjected to fraud by concealing the same. I like to deal with overseas client and would therefore ask you to immediately contact me and I will take you through this divorce.

    May 10, 2021
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    You can go for divorce on his basis of the facts described herein. But the apprehension here also cannot be overruled as the provisions of Indian Penal Code, Domestic Violence Act and other laws pertaining to such arena will come in the play and can be used a tool for pressurising. And above all of the maintenance part in all the cases is an inevitable part of every matrimonial litigation Please keep in mind. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

    May 10, 2021
  • H K Chaturvedi, Advocate Supreme Court.

    Noida, Uttar Pradesh
      12 Client Ratings

    Dear Sir, Matrimonial cases are to be dealt with more seriously. Section 498A IPC, under Section 12 and 23 DV Act and 125 Cr.P.C for women. While divorce depends upon your various circumstances and grounds. Why should not we discuss for 30 minutes. Thanks.

    May 9, 2021
  • Advocate Suneel Moudgil

    Panipat, Haryana
      40 Client Ratings

    you can opt for filing a petition to declare the marriage as null & void since you were not informed about the illness prior to the marriage, however, proving the same will be a very tough job and will require documentary evidence, however, if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications

    May 9, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Hi, In a situation where a person suffers from serious mental illness and this fact is deliberately concealed before marriage, you can get the marriage annulled because this is basically a fraud committed on the other spouse. There is provision in the HMA (Section*Phone*c)) for nullity of marriage on the ground that the consent of the petitioner obtained by force or fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent. Under the above provision concealment of history of mental disorder may be considered as fraud. This usually results in allegations and counter allegations, and litigation for nullity. At the time when they ask for maintenance you need to prove that fraud was committed and this will save you from paying maintenance. If you find this helpful please rate my answer. Thank you

    May 8, 2021