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ABCD (HR Consultant)     09 March 2014

498a

Dear Concern,

Please let me know if wife has medical abnormal history of 5 years prior to marriage which has been concealed, lodges 498A is considerable by police/ court, also when wife has been called twice to home for further treatment, but denied, she is away since 2 years.

Regards



Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     10 March 2014

if she was suffering from mental disorder prior your marriage and the same concealed from you then why didn't you had taken any legal action against her , police / court will entertain her application submit your objection when you will be heard , now if you want to get rid from her you can file divorce case against her on the ground of mental cruelty and desertion .

Laxmi Kant Joshi (Advocate )     10 March 2014

if she was suffering from mental disorder prior your marriage and the same concealed from you then why didn't you had taken any legal action against her , police / court will entertain her application submit your objection when you will be heard , now if you want to get rid from her you can file divorce case against her on the ground of mental cruelty and desertion .

Biswanath Roy (Advocate)     11 March 2014

There are two types of mental abnormalities, one is curable and another is not curable. If your wife was a mental patient non-curable in nature  and was medically treated by any Doctor before your marriage  then marriage itself is a nullity.  Whereas if it is curable then Divorce cannot be granted. A mental patient cannot be said as lunatic so she can legally file any complaint against her husband  and in laws for harassment and assult falling u/s.498A IPC.

Advocate Ravinder (Advocate/Attorney)     11 March 2014

I agree with Biswanath Roy.

T. Kalaiselvan, Advocate (Advocate)     12 March 2014

If the mental ailment is persistent and history or recurrence on and off, it can be termed as incurable though she will be under constant medication, since she has this history prior to marriage, if you had tolerated this all these years and now it is not possible to  tolerate anymore, you can file divorce case on the sane grounds, but make sure that you produce the evidences supporting your pleadings.  In 498a case also, with the given facts, she may not be able to succeed since she has to deny her own mental ailment.  As far as giving a false complaint on 498a or dv case, it is their birth right as envisaged by the provisions of latest women biased law enacted by the with political motivations by our great politicians.


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