Saturday, January 23, 2010

Can hiding a psychological ailment before marriage be a ground for divorce / annulment of marriage?

I got married 3 months ago. My wife was going through psychological treatment (Obsessive Compulsive Disorder) before marriage which was told to me only on our honeymoon. I have been trying to cope-up with the situation ever since but she is not able to adjust with me or my family. Her psychiatrist is now treating her for depression as well. I don't think that we will be able to live together. What legal resolve do I have? Can this be a ground for divorce / annulment of marriage?Can hiding a psychological ailment before marriage be a ground for divorce / annulment of marriage?
Non disclosure of facts relating to herself can be held as fraud committed on you for obtaining your consent for marriage.


However the conditions attached to this ground for obtaining annulment of marriage are:


1.The petition for annulment should be filled within one year of disclosure/discovery of the fraud.


2. The petitioner should not have condoned the fraud.


3. There should not be any relationship of husband-wife after the fraud was discovered by the petitioner.





The second part of the question is can divorce be obtained on the ground of the unfit mental condition, yes that too can be obtained provided the respondent has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.





Explanation- In this clause-





(a) the expression ';mental disorder'; means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;





(b) the expression ';psychopathic disorder'; means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment;


The general rule is that the district court will not entertain the petition for divorce within first year of marriage, however in exceptional cases that too can rule relating to the time period can be condoned by the court.Can hiding a psychological ailment before marriage be a ground for divorce / annulment of marriage?
The answer to your question is contemplated under sub-section (iii) of Section 13 of the Hindu Marriages Act, which says, ';has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent';. If your wife falls within the category contemplated above, which you have to verify from the medical records, you may file a Petition for Divorce under the aforesaid section.





However, in my opinion since your marriage has taken place only 3 months back, you may with the support of the family members try to understand her problem and give remedy, before proceeding to initiate divorce proceedings.
Although I don't think that it is grounds for divorce right away, I think that it's a serious issue that you should talk to her about!





If she didn't feel comfortable enough telling you about the issues she was having and what she was going through, she shouldn't have married you. This isn't your fault at all. I think she did the wrong thing NOT telling you what was going on with her.





Maybe start talking to her psychiatrist as well about ways to resolve her issues together. Start small and work through it with her and maybe you will come to understand what she's going through, and maybe she'll trust you more.





Psychological problems are not easy, suffering from anxiety and depression myself, it takes a while for me to build up enough trust to tell someone about it - but it is never something I would hide from someone I love.
Do you love her? Do you really love her?





Why do you want to divorce? Is it because you really don't think that you can live with this, or because you're angry that she didn't tell you, and you feel like she lied to you by omission?





Yes, she should have told you before the honeymoon, but I'm sure there are things about you that she doesn't know - things that aren't as difficult to deal with, but eventually as you get to know each other, you will gradually know each other more %26amp; deeper, %26amp; you will say ';I didn't know that about you.';





Yes, she should have told you. But she is in treatment for this - and that shows that she does want to be healthy. If you really love her, you will stay by her side - that's what you vowed - for better or worse - not to leave at the first sign of trouble.
Until you live with them, you have no idea ';how deep the rabbit hole does'; even if you do know they are OCD.





Another reason why you do not marry someone not willing to cohabitate.





If she deliberately withheld it, seek an annulment and failing that divorce.





There is NO ';working this out';.


There is no ';her getting better';.


This is not a ';sickness'; she heals from.


It is part of who she is.


All, all you can possibly do is Accept It as a permanent part of your life together.





She lied to him about who she is to trick him into marriage.


Yeah, she loves him doesn't she?
why did you marry her it was clearly not for love or you not wrote such a horrible question, you really need to be there for her and stop looking for a out claws,if you ever got really sick would you like it for her to walk out on you


I have a family member with this aliment and it not a big deal once help is got and can be control, with support, the issue for her is that this time such a big change and the disorder she has like to keep everything the same,
Yes. She lied to you, or rather, she kept something from you which was vital in your decision as to whether to marry her or not. You were marrying her without full knowledge.





If she had developed the condition AFTER being married to you that would be a different matter. But since you say she had it before and didnt tell you, then you have grounds for annulment.
You can get a divorce over ';irreconcilable differences'; which just means you don't want to be married anymore...that's all it takes. Yes, I'd say someone lying about or hiding the fact they had a mental illness (or any illness) would be considered grounds for divorce. You were mislead.





Talk to an attorney though, we aren't legal counsel.
It might be, but it kind of sucks that eventhough you took vows that said in sickness and in health you want to run when she is depresesed/sick and needs support. If you loved her before, how does her being sick change that? I dont think her keeping it form you was right, but maybe her not telling you is part of her sickness. People with mental disturbances often have some emotional issues, and that could have kept her from telling you.
Ok it was not right of her not to let you know about all her issues before you got married.





But you made the vows 'for better or for worse'





Deal with it!! You can't back out as it is not a pretty picture.


If something had happened to you, wouldn't you expect her to be there for you.
Obsessive Compulsive Disorder is common. If you love her, you can work this out. Did you not have a clue before marriage? Then you did not get to know each other enough before marriage. She may be depressed because you are judging her. Next time, take a lot of time to get to know someone.
How long did you know her, five minutes? I would think you would have noticed. I think you are justified in leaving if she intentionally kept it from you. I have bipolar disorder and so does my husband. It's despicable that she lied to you about a mental illness, and this is lying.
Possibly for annulment, as you don't need to have 'grounds' for a divorce (irreconcilable differences work just fine)...Talk to your attorney.
No... but welcome to the Marriage american dream! lol hhahahahahahha





http://www.youtube.com/watch?v=ddqx_cWUN鈥?/a>





Watch the video and learn!!
Yes - she deliberately concealed this from you. The ';for better or worse'; does not mean that you can ';lie'; about the worse and trick someone into marrying you. She absolutely tricked you.
contact a lawyer
You have got to be joking!! So much for the ';in sickness %26amp; in health'; part of your vows..I have OCD, depression, post traumatic stress disorder, anxiety %26amp; panic attacks....I take medication for it %26amp; I am fine. My husband loves me for me-- problems and all.....Go ahead and divorce her she probably deserves someone better than you anyways. God forbid you stay with her %26amp; she develops some health problem later down the road.....you'd be the first one to abandon her.

No comments:

Post a Comment