Marriage annulment or divorce - advice

You may proceed with Sec.5 (b) of HMA for annulment of marriage.

Also, before the marriage, I was told by her parents (infront of her) that she is very intelligent, a top scorer in her studies, wants to do PhD and is eager to find a job. But later I came to know that she can't even read and understand a paragraph and can't even write (English and also native language). When I ask her now, she says that she will learn everything and it's her parents who said that she is intelling but not her.

Did you believe their version?  Did not you check up?  You want us to believe that you were taken for riding?

Any how, if you think that she is suffering from psychological disorders and  concealed from you, then you are quite sure that she cannot become normal even after medication, then file annulment petition and you have to prove that she concealed about her educational qualification as well as mental health to succed in annulment petition.

The facts material to marriage about her mental health was suppressed at the time of marriage hence this will be a solid and substantial ground seeking annulment of marriage and decree of nullity within one year from the date of marriage. 

If you don't want to risk your career and future life with her, better decide about quitting the marital relationship with her  now itself than to prolong the issue and adjourn the decision to quit the marriage life with her for a later date because it will become too late then and the legal complications will be more in the name of dowry harassment, DV act, maintenance demand through all the branches of law.

Thank you all for the responses.

What proofs or documents do I need to apply for marriage annulment? I have her latest prescripttion from the Psychiatrist.

Also, some people are telling that my case is not eligible for marriage annulment if she can say that her mental condition is curable.  But I got the information from the internet forums that this type of mental condition is not curable permanently but has to be under medication (and therapies) for life long to keep it it in control, and, the medication (and therapies) can have side effects on pregnancy, quality of life, etc.  My question is: Can I apply for marriage annulment based on the reason that her mental condition is hidden to me before the marriage whether it can be kept under control or not?  

Thanks.

Please note that there is no need for me to lie in this forum.  These are the facts happened to me.  I am already ashamed that I am a fool and hence I got cheated.  I am seeking advice on how to proceed legally.

Suppression of mental disorder of the bride at the time of negotiation of marriage is a fraud over the law that can be a good ground for annulment of marriage.

You are absolutely right that you can very well file a petition for annulling your marriage by a decree of nullity on the said grounds. Moreover your research about the illness with authenticity will support your averments and pleadings seeking the relief.  Hence proceed confidentially without bothering about her defence.  Let she come out with her own defence, you don't predict and retreat from your decision fearing her onslaughts. 

Thank you sirs for the useful information.

I have another question: Should I be present in India when I apply for marriage annullment? I am asking this as currently I am working outside of India.  Can some one (my brother or sister) file the case on my behalf?

Thanks.

YES,at the time of filing the case of annulment of marriage your physical presence is necessary in the court for its admission.  Subsequently showing cogent reason you may pray for representation by your Advocate on record.

Annulment of marriage under section 5 (B) of HMA is to be drafted by any prudent lawyer who will consider all the case laws related to in respect of its applicability as to the facts in your case.

Further to advice given above by experts, pls do not disclose your intentions to file for annulement/divorce, unless you get all vital evidences (wife medical reports on mental health , ovary removal if any), details on educational qualifications, voice recordings of her admissions (you can get them even now if properly planned) etc

My experience says the doctors at Pychological health centers will openly not disclose the exact mental problem your wife has due to their stupid confidentiality clauses (you may wonder why as you are the husband , but still they do). If one has to go by the details mentioned by you in your post then she is suffering from a serious Personality Disorder (Bipolar / Borderline) and unless she is on medication AND OR Counselling this problem will remain in her for lifelong just like any lifestyle disease like Diabetes/BP.

You are cheated n you deserve a better life !!

All the Best.

You ca gofer annulment of marriage as a fraud has been committed upon you. The fact that her parents exaggerated her educational excellence is not but her mental state is a fact. 

Thank you all for your suggestions.

I have the following proofs:

     - her current Psychiatric prescriptttions

     - video recordings of her telling that she has hidden the fact of removing her ovary

     - her educational certificates (though I don't want to go for annulment/divorce based on this)

I was going through the Marriage Annulment clauses and I see the term Consummation.  In my case, I came to know her mental condition after the consummation.  So, will I be able to apply for annulment on the grounds of fraud or should I apply for a divorce?  In either case, should I financially support her after the separation on the grounds of fraud?

Kindly excuse me for asking so many questions.  I am feeling too much depressed based on the fact that I got cheated, and my whole family (parents, brother and sister) also worrying that they arranged this marriage and they spoiled my life. I don't know why she (and her parents) cheated hiding her mental and physical problems as they are not hard to be found within a couple of days.  They are behaving as if I have to bear her for the rest of my life and that she is not their responsibility after the marriage and asking me (and my parents) money for her treatments.  As of now, I don't have any other option but to cry myself.

Thanks.

Apply for annulment but it should be drafted by a prudent lawyer having knowledge of relevant case laws.

As almost everyone suggested you too file a petition for annulling your marriage, you may decide to proceed with the marriage annulment case, however ensure that you do not fall trap to some fleecing persons who may exploit you utilising  your situation and urgency in their favor.