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How can I get relieve my wife's mental tourchers?

Hello, my parents are living with my brother, sister in law and there son. my brother has resigned from his job and preparing for engineering exam also my sister in law has some severe medical issue. she is suffering from acute epilepsy. We didn't know about her problem, her mother and elder brother cheated us without telling anything about her illness and they performed marriage in Feb 2015. We knew this thing in oct 2015, when she got fits. She conceived in 2016. Now, the situation is
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Criminal
Posted on 07-Dec-18
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Advocate nipun
Answered on 16-Jan-19
You need to file a divorce petition u/s Section 13 of HMA.
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Advocate Uttam
Answered on 17-Dec-18
dear Sir, Ask your brother what he is intrested in ..... yes he can move for divorce .
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Advocate Kishan Retired
Answered on 17-Dec-18
Dear Sir, Get issue a legal notice and file a divorce on the ground of nondisclosure of health condition of your sister-in-law. For full procedure contact me on mobile through the Administrators of this Website.
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Advocate Padam Singh
Answered on 14-Dec-18
You may file a petition for Divorce anytime after 1 year of completion of your marriage citing any of the the various grounds available under the Hindu Marriage Act 1955 (in case you are Hindus). As you have mentioned that your wife misbehaves with you, this would fall under the ambit of Cruelty as per Section 13(1)(ia) of the HMA 1955. Under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include: “Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.” Therefore the behavior of your wife can easily come within mental cruelty. Now your need to file a petition for divorce under this Section seeking a decree for divorce in the competent court and for this you need to consult an Advocate who shall draft your petition. Googling your legal issue online? The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue. TALK TO A LAWYER Popular Divorce Lawyers Previous Advocate Prashant Mendiratta Lajpat Nagar 4, Delhi 25 years Experience Advocate Preeti Joshi District Court, Gurgaon 10 years Experience Advocate Prabhjit Jauhar Connaught Place, Delhi 21 years Experience Advocate Harish Malhotra District Court, Gurgaon 21 years Experience Advocate Prashant Mendiratta Lajpat Nagar 4, Delhi 25 years Experience Advocate Preeti Joshi District Court, Gurgaon 10 years Experience Advocate Prabhjit Jauhar Connaught Place, Delhi 21 years Experience Advocate Harish Malhotra District Court, Gurgaon 21 years Experience Advocate Prashant Mendiratta Lajpat Nagar 4, Delhi 25 years Experience Next See More Divorce Lawyers Related Articles Divorce Procedure in India Divorce Law in India Mutual Divorce Reasons for Divorce Hindu Marriage Act How to get divorce from husband/wife Divorce in Muslim Law "LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help." All Answers by LawRato Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail. Fixed Cost Legal Services Previous Marriage Registration 4.8 | 170 ratings Get your marriage registered through an experienced local advocate in the city of your residence Learn More 60 Min Marriage / Relationship Counselling Session by Phone No Ratings 60 Min telephonic counselling session with an
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Advocate Mayur Krishna
Answered on 08-Dec-18
Firstly its very sad to know. All you can do is file for divorce citing her medical conditions. along with papers and relevant documents.
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Advocate RAVI
Answered on 07-Dec-18
You can get the marriage annulled on the grounds of epilepsy only. It is better than getting a divorce
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