Mental illness and divorce

Can you prove that, then that is cheating and an ofence under penal law. If you have suffcicient witnesses and medical proof then file a complaint in the Police station or before judicail magistrate. 

That is where the real problem is. We do not have any concrete proof on papers.

He is educated and a working professional and by the very sight one cannot identify the problem and can just say he is little shy, talks less but very intelligent. 

Still you can him Lunatic,,,  he is intellegent yet mentally ill ,,, well may be he is Phsyco ; if you feel ofended just you can get seperation by filing for divorce ,, 

Ask him he is ready to divorce with mutual consent or issue notice you are divorcing him .

Yes they are ready for mutual. But we are still in a great trauma that they have cheated us and upon that it's a bit difficult in our community to be called divorcee. 

When we suggest for treatment for better future, how can he be mentally ill when he is working in such a responsible position? They are very conveniently asking for divorce and may again scout for some innocent girl. 

I need to end this thread, there was a new thread created. Let me know how to end this query here

In India, several laws govern the nullity of marriage. These are discussed below:

The Hindu Marriage Act of 1955 (Amended In 1976)

Marriage is considered lawful under this rule if neither party is an idiot or a lunatic at the moment of marriage. According to this legislation, a Hindu marriage is voidable from a psychiatric perspective if either party:

Is unable of giving legitimate permission due to mental disability, or while being capable of giving valid consent, has been suffering from a mental condition of such a nature or magnitude that he or she is unfit for marriage and childbearing, or

Has suffered from recurring attacks of insanity. The marriage can be declared null and void under the three situations listed above. Furthermore, if the marriage has not been consummated due to the respondent's impotence, the marriage can be declared null and void. Also, the marriage may be declared null and unlawful if the guardian's assent was obtained by force or fraud, or if the responder was pregnant by someone other than the petitioner at the time of the marriage.

C. J. Joy vs shilly(Kerala High Court, 1995)

In this case, the respondent began exhibiting indicators of mental illness four days after the marriage for no apparent cause. It was determined that the respondent was a lunatic at the time of marriage, but that the petitioner's consent was obtained by fraud. A single Court judge ruled that nullity on the grounds of fraud could not be obtained under Christian Law. A division bench of the court overturned this verdict.

Thank you Sahiti

Actually, I need to end this thread and created new on on 26th dec. You will have more details in it

Hello members, There was a new thread created with same title, please respond over that. 

Admins,  let me know how to end this query(25th dec) 

You need a strong legal strategy to contest this case.

Check out my video on 498A ki FIR hojae toh kya karna chahiye?

Update: The person is found out to be high functional autistic or aspergers. Such disorder person has IQ of any average or below average person. So they are able to manage his financial independence(as they could be trained with maths and memory). But they never have any social relationship. Thus they fail in all sorts of personal life, which make them unfit for marriage as they lack free consent in legal terms

Read along with 26th dec thread by same title