Can a marriage be null and void if the wife is mentally ill?


my brother got married last year. he wife is in a mental asylum since then. we want the marriage to get over. what can we do? is the marriage null and void on the bases of Fraud. are we entitled to pay alimony to her?

Answers (2)


140 votes

If the wife is having an incurable disease, then you brother can approach the family court seeking divorce on the ground of incurable disease. But if the marriage is held with fraud then the onus of proving the same will be on the shoulders of your brother before the family court and if it is proved then he need not pay any sort of alimony.


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192 votes

my brother got married last year. he wife is in a mental asylum since then. we want the marriage to get over. what can we do? is the marriage null and void on the bases of Fraud. are we entitled to pay alimony to her?

Ans:

One of the ground for decree of divorce is :
5. Respondent has been incurably of unsound mind.

therefore, on the ground of suppression of unsound mind at the time of marriage and its incurablity, divorce can be obtained

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