Fraud in marriage

Hello

I understand the situation is tough. Since the mental illness is a important facet that shall be conveyed you can apply for disolution of marriage. I know this appears to be cheating but application for dissolution of marriage on the ground of mental insanity is a proper remedy.

Sir/Madam

Please also guide for limitation issue and jurisdiction.

Divorce case is filed before a Family Law Court.

Jurisdiction could be any place where husband or wife resides in case they are residing separately.

So in this case Ahemdabad Family law court can have Jurisdiction 

Sir 

Situations like these arise very much in the society. Hindu Marriage Act does not allow a marriage in which fraud exists. 

Section 5(ii) of the act makes it essential that a a person is able to give consent if mentally unsound. Section 13 has one of the ground for divorce if the other spouse is mentally unsound.

Section 12 (iii) of the act allows a person who is deceived by his/her spouse to annul the marriage. Marriage made by fraud is a voidable marriage. In the case of Asha Qureshi. V Afaq Qureshi, 2002, the wife hid the material fact which led to fraud and court annuled the marriage under Section 12(iii)

.

In your case, as the material fact of mental illness was hid. The marriage can be annulled under Section 12 (iii).