Girls family did hide that she is having medicine for mental illness eventhough treatment started 2 yesrs before marriage. Marriage had happend in july 2015 and she started treatment for mental illness from 2013 april. Husband and family got to know about her illness after marriage only. Her condition is, she cannot complete any task without help. Mother has to give her intruction one after the other to complete a simple house hold work too. She doesn't have any attachment with her husband as she doen't have any feeling towards him. Husbands family asked for divorce due to these reasons, but her family is not willing to give a mutual consent for divorce. I am asking on behalf of husbands family and i would like to know what are the complications that we can expect if we file a case for divorce. We have proof for she having medicine from 2 years before marriage and proof for girls family didn't reveal about her illness to husbands family before marriage. Please let me know if it is easy to get a divorce with these proofs.
A.Mental illness of a certain degree only is a ground for divorce. The level of mental illness will be determined by the trial court by way of expert evidence of a independwnt doctor from a government hospital, during the trial of the divorce petition since a certain degree of mental illness may be there as you said but may not meet the standard of mental illness required under the law as ground of divorce.
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GANESH SHARMA
Responded 5 years ago
A.Insanity is a sound ground for divorce under Hindu marriage act. Since you have all the relavent records with you regarding her mental illness and secondly the family of the girl hide this facts from your family therefore they also committed fraud. Yes you can get divorce with these proofs
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Sunita Nanda
Responded 5 years ago
A.Yes u can file a divorce because mental illnesse is valid reason but wife family is not interested f metual divorce but u can file contest divorce if u proof that reason than u can degree f divorce
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