Divorce / Anullment Divorce / Anullment

4 years ago

i have been married for 8 months, my husband is mentally ill. How can i get out of this marriage? should i go for the process of divorce or annulment of marriage?

Advocate Simi Paul

Responded 4 years ago

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A.Hi client,
If you are able to prove that your husband was mentally ill at the time of marriage,
then you shall go for annulment of your marriage . Another way would be to get divorce decree either by mutual consent or by contesting the same.
Thank you.
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Sidhaarth

Responded 4 years ago

A.You should opt for annulment of marriage if grounds so subsist.
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Shreyash Mohta

Responded 4 years ago

A.I Second the advise of Anindita Ma'am and the same should be followed.
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Vidhi Samaadhaan Vidhi Samaadhaan

Mrighankhi Chakraborty

Responded 4 years ago

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A.Hello Client,

You can go for annulment if your husband was mentally ill at the time of marriage and without knowing you got married.
which you have to prove.

Or you can dissolve the marriage by getting a decree of divorce on the ground that your husband is mentally ill.

Thanks & Regards
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Vidhi Samaadhaan Vidhi Samaadhaan

Anindita Chakraborty

Responded 4 years ago

A.In case at the time of marriage your husband was incapable of giving consent because of unsoundness of mind and he has recurrent attacks of insanity and your consent has been obtained by fraud, then you can file a petition for annulment of marriage. If you want to file divorce not annulment that is also possible under the ground of insanity s. 13 (1)(iii) of Hindu Marriage Act , if your marriage has been solemnised under Hindu Marriage Act
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