kritika (student) 09 April 2012

Immediate help required

My cousin got married few months back. Immediately after marriage his wife started spending more time at her parents place than his as was expected. Still no one objected thinking it was initial homesickness. During that time she kept emphasising that she wasnt in love with him and didnt see this marriage working. A lmonth or so later she told that she had been a patient of depression for a year (this was 5 yrs back) and she could feel it again so she wanted to go back home and see her doctor. Her doctor gave the report that she was suffering from a pshyco neurotic disorder,has suicidal tendencies and is not ready to build up any relationship. After this medical check up she emphasised that she couldnt continue with the marriage and wanted to leave permanently.Since then she is living with her parents. After 4 months now her parents say she is fine and she wants to come back,while my cousin wants a divorce. They are threatening for a police case if they dont take her back.

What is the right way to proceed for such a case?

How can a boy's family protect themselves against false charges,when they have been good to a girl and never asked for dowry?

Is it fair that a boy should suffer ,because she is mentaly ill and can leave and come back whenever she wants to?

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8 Replies

**Victim** (job) 09 April 2012

No it is not right no one is forced to live with each other. If your cousin wants divorce then i suggest use the same medical report against her and file a divorce case in court. Girls like this have tendency to screw up entire family therefore it's not even worthy to bring her back. Just like her parents said she can go and come back anytime she wants to therefore it's very clear that she is spoiled by her parents and her parents are supporting her very well. I suggest end this up else it will get worst.

Worst cases they can file is Crpc 125 , 498 (a), DV all those cases but if u have tht medical report you have a case in your hand.

kritika (student) 09 April 2012

Thats what evryone is worried about,that probably she still hasnt recovered and is just being pressurised by her parents to go back. If under that pressure she comes back to her in laws place and harms herself it will only get worse. The medical report is a photocopy and is post marriage report,is that a evidence enough to file a case for divorce? and on grounds of mental illness?

**Victim** (job) 09 April 2012

The fact that she is mentally not stable is a strong gound to seek divorce.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 09 April 2012

Collect evidence of her medical problem, and invite them for mediation to settle the terms, It seems the medical problem is curable, if u like her, apply for judicial seperation to avoid complications.

Adv. Chandrasekhar (Advocate) 09 April 2012

The last para of Mr. Ashish Davessar, Advocate is the solution to your problem. As the marriage occured only a few months back and the doctor report says about depression, suicidal tendencies, lack of capacity to develop relationship, this is the material fact, which has been concealed from the boy. The remedy is not filing divorce suit but for declaring the marriage null and void under Section 12 of HMA. But this case has to be filed within 12 months from the date of having the knowledge of the concealed fact. So, hurry up. Photo copies are secondary evidence but originals can be summoned through court process.

Dr J C Vashista (Advocate) 10 April 2012

Try to sort out the matter amicably, get counselling and/or mediation,/ other social forum.

Concelament of fact that wife was suffering from neuro problem at the time of marriage will hardly serve any purpose and depression is no ground for getting the marriage declared as null and void.