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How to file divorce if spouse is of unsound mind
26-Mar-2023 (In Divorce Law)
Hindus. My brother married last month. After marriage revealed girl is mentally retarded. Her parents dont let my brother to take her to doctor. Lawyer told medical prescription is required to file case othrwise application will reject. Doctors tell private psychiatrist report not valid in court. Victoria hosp doctor say to come through court is only valid otherwise her parents lodge police complaint against my family. Wt is d solution to file for divorce now?
First with whatever evidences you have analyse and see if a criminal complaint may be filed. Then, file for divorce based on the private psychiatrist report and then move an application in the court for a medical test at a government hospital
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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Hello,
First of all why your brother married a mentally retarded girl. Was he knowing this fact or not. Secondly, if your brother knows that his wife is mentally retarded what has he done, has he taken her for medical check up and has he got any valid prescription from respective doctor. Yes divorce can be taken on the ground of mental instability but in court evidence has to be produced to support your brother case. Thanks for writing.
Please note . Please feel free to contact me. Thanks.
First of all why your brother married a mentally retarded girl. Was he knowing this fact or not. Secondly, if your brother knows that his wife is mentally retarded what has he done, has he taken her for medical check up and has he got any valid prescription from respective doctor. Yes divorce can be taken on the ground of mental instability but in court evidence has to be produced to support your brother case. Thanks for writing.
Please note . Please feel free to contact me. Thanks.
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Firstly have a consultation with the advocate. On personal hearing many things will help the advocate to give you proper advice. It is not correct that the Private Psychiatrist report is not valid in the court of law. It is the wrong information. If the person is qualified and competent, his evidence is admissible in the court of law as valid evidence.
Finally, have a consultation with the competent advocate.
God is waiting to bless those who are in distress.
Finally, have a consultation with the competent advocate.
God is waiting to bless those who are in distress.
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Adv. Chandraiah
Bangalore | 100+ Answers
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Yes in this case file a case to declare the marriage as null and void on the ground of fraud and misrepresentation of facts, further after filing the case you can file an application in court and through court process she can be medically examined by a specialist doctor of such field who will certify whether she is mentally retarded, that your marriage will be held null and void. For more details for filing of case etc you are free to contact.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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I dont think you heard your advocate correctly or you might not have properly explained the matter to your lawyer at all, because there is one more way to deal with this matter and get your brither out of this problem.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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