Annulment of mariages
k n nagaraj
(Querist) 10 April 2014
This query is : Resolved
please let me know the references of annulment of marriage on the grounds of mental illness of the spouse.(Supreem Court judgements on the subj)
ase history.
Proposal brought by MIL stating her daughter is normal, and has answered in affirmative for all quiries on the ability of the bride to perform normal duties of a wife.
The bride is divorced was known but it was not known that the first husband also brouht out mental illness and non consumation as the grounds for divorce.
The MIL still insists that her daughter is perfectly normal.
Psychiatrist agree that the bride is not normal and requires treatment but wont put in papers.
Psychologist says IQ o k but behaviour not normal. Unable to conduct tests because of non co-operatin of the patient.
Behaviour totatly abnormal. Fails to react to situation.spouse sent back on the second day after mariiage and referred to psyciatrist and arranged for medicine and consultation.
Police hesitate to take criminal complaint.
Please advise action.
Devajyoti Barman
(Expert) 10 April 2014
It is u/s 12 of HMA. Citations are not supplied here.
ROHIT SHARMA
(Expert) 10 April 2014
1. Annulment of marriage is considered as u/s 12 of the H.M.Act, 1955 and the grounds of mental illness are no valid grounds for annulment are not included under such provision of law.
2. The grounds that you are stating qualify for presenting a petition of divorce u/s 13 (1)(iii) of the H.M.Act, 1955.
Adv. Rohit Sharma.
(M) 09824047971.
Rajendra K Goyal
(Expert) 10 April 2014
Well advised, Citation not provided at this section.
Devajyoti Barman
(Expert) 10 April 2014
If the said fact of mental illness was subsisting before the solemnisation of marriage and the said fact was concealed from the husband, then it is a case of annulment of marriage u/s 12 of HMA.
Sudhir Kumar, Advocate
(Expert) 10 April 2014
please state full facts. The advise of experts above may not be the same on knowing full facts.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
I agree with Mr.Barman that it is a fit case u/s 12 for annulment of marriage for the reason namely suppression of fact material to marriage.
