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Divorce from wife suffering from mental disorder,10 months of marriage
14-Mar-2023 (In Divorce Law)
Hi Sir, My wife who is suffering from Bipolar disorder. I got married with her before 10 months in Hindu rituals (both are Hindu).She is suffering from this mental illness before marriage but I was not aware of it. After 9 months of our marriage she got sevear attack and I was shocked what is happening with her. I took her to doctor. Doctor told me this is psychotic disorder, also ask weather she has history or not. So I called her parent n asked over the phone they said she had problem before 6 years back. I asked them for her previous report but they said it's lost but they said her previous doctor(hometown) is in town we can go to him.we both travelled to hher hometown and then her previous doctor. Her doctor said she had problem 6years back n was not giving me more details (documents)information about her illness. We admitted her to his hospital.i have current medicle docs. can I file divorce now? How to proceed.
According to Section 13(1) iii of the Hindu Marriage Act if either of the spouse has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent, in such a case a divorce can be sought.
In an alternative you can also seek for annulment of marriage by a decree of nullity under Section 12(1)b of the Hindu Marriage Act.
In an alternative you can also seek for annulment of marriage by a decree of nullity under Section 12(1)b of the Hindu Marriage Act.
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Adv. Sunita Bafna
Mumbai | 100+ Answers
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Hi
You can proceed with annulment before the family court because of suppression of facts.
This suppression amounts to marital fraud.
After annulment your marital status will be single. No need to file divorce.
You can proceed with annulment before the family court because of suppression of facts.
This suppression amounts to marital fraud.
After annulment your marital status will be single. No need to file divorce.
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Adv. Rohit Shaligram
Pune | 500+ Answers
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File for nullity of marriage as the bride and her parents have suppressed the major defect in the product which is beyond repair within the warranty period you need an immediate refund or replacement.so before it is too late taking advantage of the advice file for marriage to be null and void .
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Adv. Amresh Sharma
Mumbai | 100+ Answers
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