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What is validity of Complaint filed by a mentally ill wife
14-Aug-2023 (In Family Law)
Hello sir, One of friend is in trouble as her wife who is mentally ill has filed Complaint against him and in-laws. My friend was not earlier aware that she was mentally ill but now due recently happened incidence has made him to discover it as she has filed baseless Complaint having dowry, domestic violence allegations. My friend is totally shattered and depressed by this incidence. Please let me know the validity of such complain made by mentally ill person. Whether police or court accepts such Complaints??
no need to worry in these kind of false and baseless cases, Now as per ruling of the Supreme Court no direct arrest or registration FIR can be done. if you received any summons or notice then must come with after booking your appointment with us.
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Adv. Jagan Nath Bhandari
Chandigarh | 200+ Answers
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The complaint is valid and shall be acted upon. It is duty of husband to take care of his wife especially when she is mentally ill. You cannot take this ground and desert her. This can be a ground for divorce but you have to prove that the disease is permanent having no cure.
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Adv. Rajiv Sharma
Chandigarh | 100+ Answers
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The question is whether the girl has been declared as a mentally ill by recognized Government Hospital or not. Simply by saying that the girl is mentally ill without having any proof of the same has no meaning and relevance in the court of law. She has full right to file case u/s 12 of DV Act as well as case u/s 498-A. Burden of proof is on the husband.
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Adv. Deepak Malhotra
Chandigarh | 100+ Answers
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There is no time limitation to file such a complaint.If she is mentally ill then you have to prove that in the court of law. You have to give strict proof of this fact that she is mentally ill. And yes at the one time court will accept that kind of Complaint rest depends upon evidences .
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Adv. Manish Sharma
Chandigarh | 25+ Answers
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at very fist occasion, you need to prove wife in mentally ill, it is not established merely on your saying and even if that so mentally ill person does have equal rather more rights then normal persons. what proof do you have that your wife is mentally ill before marriage if that so that would be ground for divorce otherwise her complaints are completely valid.
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Adv. Vikram Singh
Chandigarh | 25+ Answers
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