Wife's family did not reveal the mental illness how to proceed divorce
14-Jan-2023 (In Divorce Law)
Recently, my brother's wedding took place on 11th of november 2016 (hindu by religion), after marriage we got know that bride is sufferring from disease named schizophrenia, but there parents haven't reveal this fact before marriage that there daughter has mental illness. My brother's marriage is totally fraud one.. now we are in dilemma what to do next. Docter's have suggested not to continue this marriage as this disease has no cure and no future. But if we want divorce .. we are afraid of that they can sue fraud cases against us like under Section 498A IPC or dowry act. As they cheated on us during wedding by hiding this fact that there daughter is suffering from schizophrenia. Now pls suggest me .. what to do now..?? I am very frustrated after knowing this fact.. Please do reply..
Dear user,
Looking to your query , it's seems to be a voidable marriage and your brother have right to file an application under section 12 of Hindu Marrige Act praying for a Declaration that marriage, as nullity.
You need not to file a case for Divorce as the marriage is voidable in it self
As the same is in contravention of clause ii of section 5 of marriage Act.
Documents showing her mental illness are required to be filed along with application.
Need not to worry about any false case, as false remain false.
Looking to your query , it's seems to be a voidable marriage and your brother have right to file an application under section 12 of Hindu Marrige Act praying for a Declaration that marriage, as nullity.
You need not to file a case for Divorce as the marriage is voidable in it self
As the same is in contravention of clause ii of section 5 of marriage Act.
Documents showing her mental illness are required to be filed along with application.
Need not to worry about any false case, as false remain false.
You can go ahead for declaration of this marriage null & void. . . . . . .
Dear
Don't worry. As soon as u file a petition for divorce in the competent court.
In the matter of the dowry case u can send a written complain to police officer by registered post .give ur all details in it about fraudness n false case of 498A IPC. Thanks
Don't worry. As soon as u file a petition for divorce in the competent court.
In the matter of the dowry case u can send a written complain to police officer by registered post .give ur all details in it about fraudness n false case of 498A IPC. Thanks
(1) The Doctor is right. Your brother should get divorce. He has sufficient grounds for getting divorce.
(2) Don't be afraid of any cases they may file. There is no way to prevent them from filing any cases, but your brother can successfully defend such cases.
(2) Don't be afraid of any cases they may file. There is no way to prevent them from filing any cases, but your brother can successfully defend such cases.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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