Anonymous 2 (PM) 19 August 2019

Can a boy file a Annullment of marriage case on grounds of his own Mental incapablity?

My brother when took decision of marriage was not mentally capable. Now he got married and realising that the decision made was wrong due to mental incapability. Can he file annullment of marriage?

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10 Replies

Murtuza Bohra 20 August 2019

Yes it can be done under section 13 Hindu Marriage Act.

Anonymous 2 (PM) 20 August 2019

What would be proof's required to prove that he was mentally incapable 2 months back? What is considered as A proof?

Real Soul.... (LEGAL) 20 August 2019

Mdical certificate and that would be verified by court and the doctor issuing that may be summoned to testify.

Anonymous 2 (PM) 20 August 2019

But Can we request the doctor to provide us the medical certificate that the boy was mentally incapable 2 months back?

Anonymous 2 (PM) 20 August 2019

Do the doctors give medical certificate for the past date if they remember the case? Just in case if the medical certificate was not requested at that time(2 months back)?

Real Soul.... (LEGAL) 20 August 2019

Well the doctor under whose treatment the person was should give certificate. Ask from the same doctor who has been treating .

Preetam Thakur (MHA) 20 August 2019

If he was under treatment and records of such treatment exist with the clinic or hospital, where treatment was administred, then only such certificate can be issued by such hospital or doctor! Other fake certificate would land you in a criminal case of fraud!

Anonymous 2 (PM) 20 August 2019

Got it.

Other than that, is there anything else which can be presented as a proof?

P. Venu (Advocate) 20 August 2019

The posting suggests deeper issues. The easy option is to seek divorce by mutual consent.

Anonymous 2 (PM) 20 August 2019

In case no treatment was take at that time, Is there anything else which can be considered as a Proof? In short, what are other ways to prove the same which is accepted in court?