90,000+ Legal Questions Answered
Mental Illness - Major Depressive Disorder
8 months ago
Is Major Depressive Disorder, Anxiety, Panic Disorder and Alchohol Dependence Syndrome considered as serious mental Illness in law? My husband is diagnosed with these disorders before marriage and was taking medicines. I was not aware of these facts before marriage. He is an alcoholic and always used mentally torture me and verbally abuse me and even spat on my face. He is also refusing to take further treatment. Our marriage took place three months back and we stayed together only for 28 days. He is not ready for divorce. Can I get annulment of marriage or should I go for contested divorce? How long does it take for contested divorce?
A.Hi client,
You can file Nulity of marriage within one year of the said marriage. It is not possible to predict the date of a contested divorce.It night vary from one year to 10 years or more or even lesser.
You can file Nulity of marriage within one year of the said marriage. It is not possible to predict the date of a contested divorce.It night vary from one year to 10 years or more or even lesser.
Helpful
Helpful
Share
A.Dear Client,
In India, mental illness is addressed under the Mental Healthcare Act, 2017. Major Depressive Disorder, Anxiety Disorder, Panic Disorder, and Alcohol Dependence Syndrome can be considered as serious mental illnesses in accordance with this act.
Section 2(r) of the Mental Healthcare Act defines "mental illness" as a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.
Considering your situation, where your husband has been diagnosed with these mental illnesses and has engaged in abusive behavior towards you, you may be able to seek relief through legal remedies such as annulment or contested divorce.
To pursue an annulment, you need to establish grounds recognized by law. For example, Section 12(1)(c) of the Hindu Marriage Act, 1955 recognizes unsoundness of mind as a ground for annulment. If you can establish that your husband was of unsound mind at the time of marriage and you were unaware of his mental illness, it may be possible to seek annulment. However, it is important to consult a lawyer familiar with family law in your jurisdiction to determine the eligibility criteria and the process involved.
Alternatively, if your husband refuses to grant a divorce and you have evidence of his cruelty and abusive behavior, you may choose to file for a contested divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which considers cruelty as a valid ground for divorce. In such cases, you will need to present evidence to substantiate the claims of mental torture, verbal abuse, and other acts of cruelty.
The duration of a contested divorce can vary depending on factors such as the complexity of the case, the court's workload, and the cooperation of both parties. Generally, it may take several months to several years for a contested divorce to be finalized.
Thank you.
In India, mental illness is addressed under the Mental Healthcare Act, 2017. Major Depressive Disorder, Anxiety Disorder, Panic Disorder, and Alcohol Dependence Syndrome can be considered as serious mental illnesses in accordance with this act.
Section 2(r) of the Mental Healthcare Act defines "mental illness" as a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.
Considering your situation, where your husband has been diagnosed with these mental illnesses and has engaged in abusive behavior towards you, you may be able to seek relief through legal remedies such as annulment or contested divorce.
To pursue an annulment, you need to establish grounds recognized by law. For example, Section 12(1)(c) of the Hindu Marriage Act, 1955 recognizes unsoundness of mind as a ground for annulment. If you can establish that your husband was of unsound mind at the time of marriage and you were unaware of his mental illness, it may be possible to seek annulment. However, it is important to consult a lawyer familiar with family law in your jurisdiction to determine the eligibility criteria and the process involved.
Alternatively, if your husband refuses to grant a divorce and you have evidence of his cruelty and abusive behavior, you may choose to file for a contested divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which considers cruelty as a valid ground for divorce. In such cases, you will need to present evidence to substantiate the claims of mental torture, verbal abuse, and other acts of cruelty.
The duration of a contested divorce can vary depending on factors such as the complexity of the case, the court's workload, and the cooperation of both parties. Generally, it may take several months to several years for a contested divorce to be finalized.
Thank you.
Helpful
Helpful
Share
Read Related Answers
Legal Action for Postponing Wedding
Dear Client,
Any person can file a complaint before the authority or Court for a valid reason or even for no reason to harass the other party in a false case. To address a false case or complaint file...
Marriage - married my sister with all the rituals
Dear Client,
If your sister wishes to continue the marriage, then it is advisable to seek the assistance of a marriage/family counselor to resolve the issues. Otherwise, your sister can file a suit fo...
OBC NCL certificate
Dear Sir,
It depends upon the circulars issued by the State and Central Government. Normally, the income for the last preceding year will be taken into consideration.
Marriage problem
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Court marriage
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
