Legal Question in Family Law in India

hi,

My brother got married to a girl who was projected to be well behaved and intellegent girl.

One day afetr the marriage we are all shocked to learn that she is mentally reatarted and can not even eat food or take bath on her own.

Could you please let us know whether he can file for divorce or what is the course of action that he should take.

Pelase advice.


Asked on 8/17/09, 3:21 pm

5 Answers from Attorneys

Made a proper checkup and thereafter he can file divorce on the basis of permanent disability and can easily get divorce.

Your further clarification is welcome at nominal fee at;

[email protected]

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

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Answered on 8/17/09, 3:57 pm
Prabhat Shroff Shroff & Company

You may either file for annulment of the marriage on grounds of misrepresentation/fraud and/or file for divorce. It should not be difficult if you can establish by documentary evidence.

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Answered on 8/18/09, 1:20 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the girl is suffering from an incurable disease in the form of mental retardation, you may get the marriage annulled and the court would declare the marriage as non existent in the eyes of law. but before that, you need to get her thoroughly checked as the annulment can only be granted after it is confirmed that the disease cannot be cured.

in case she cannot eat on her own or bathe on her own, how all the formalities for marriage were performed. her mental retardation was not noticed when you had gone to see her or when the ceremonies of marriage took place. clarify.

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Answered on 8/18/09, 1:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree.

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Answered on 8/18/09, 8:48 am
Nandita Haldipur Haldipur Associates

you can get the marraige annulled by getting teh necessary proof of her retardation. you can also file for divorce

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Answered on 8/19/09, 12:38 am


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