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Process of divorce if wife is mentally unsound
10-Oct-2023 (In Divorce Law)
Wife is not mentally sound. First night after social marriage wife slapped her husband on attempt to intercourse which was reported to her parents, she is MA but she has no manner of talking, no sense of wright & wrong,refuse to do domestic work for two years,insulting behave & talking to father & mother-in-law,deficiency of sexual appetite, there is no day without any incident of her during 2 years, all facts are put down in the diary of fathder-in-law , most of the days quarrel and unrest between husband & wife. Wife is now 3 nonths pregnant at her father's home. Please advise how to divorce wife .
How she passed M.A. ? Husband should have valid proof.Husband can file a Suit for Annulment of Marriage in District Court within one year of marriage, So he should file along with a Petition for Condonation of Delay u/sec. 5 of the Limitation Act.
HMA, 1955, Section 12 (1), states that marriages may be annulled by a decree of nullity on the following ground: Unsoundness of mind (is in contravention in clause (ii) of Section (5))
Unsoundness of Mind
The HIndu Marriage Act specifically bars persons with severe, disabling, and recurrent mental illness from marriage, as the illness would make the person unfit for marriage and procreation of children. It also mentions that the person should lack the capacity to give valid consent in consequence of mental illness. However, a marriage in contravention of the norm is only voidable, and that too at the instance of the other party, who would have to file a petition for nullity and the onus of proving the mental illness is on the other party. Interestingly, even though "unsoundness of mind" which incapacitates a person from giving a valid consent to marriage will render the marriage voidable,
HMA, 1955, Section 12 (1), states that marriages may be annulled by a decree of nullity on the following ground: Unsoundness of mind (is in contravention in clause (ii) of Section (5))
Unsoundness of Mind
The HIndu Marriage Act specifically bars persons with severe, disabling, and recurrent mental illness from marriage, as the illness would make the person unfit for marriage and procreation of children. It also mentions that the person should lack the capacity to give valid consent in consequence of mental illness. However, a marriage in contravention of the norm is only voidable, and that too at the instance of the other party, who would have to file a petition for nullity and the onus of proving the mental illness is on the other party. Interestingly, even though "unsoundness of mind" which incapacitates a person from giving a valid consent to marriage will render the marriage voidable,
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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