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Wife having mental problem filed 498a to me

Welcome Forums Advice 498A Wife having mental problem filed 498a to me


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    • #128

      Dear sir i was married on 16 nov 2005. my wife since marrige was having problems in adjusting with me and my family. i take it as if she was very inocent and thought when responcibilities will come she will handle. on 2nd june 2007 we had a daughter. but after that also situation remains same she very often started abusing me and my family members even tries to beat them. so with her fathers concern i took her to a non govt. psychtrist and he told us that she is a patient of borderline mental retardaion with a mental age of 13 years though she is 25. i started the treatment but soon she refuged to it. on 26th of may she slipped in the bathroom at my home and i took her to a non govt. but a reputed hospital where she got treatment for three days. as i was staying away from my parents so her parents came and told me that they will take her to there house so they can have a good care of her and i said ok. on 5th of june a case of 498a and other acts was filed against me and police arrested me from my jaipur residence. now i am on bail and me and my family are in state of terror please advice waht to do.

    • #965

      You may file petition for quashing fir/proceeding of ur criminal case & if thr r no chances of settlement file divorce petition.

    • #966

      If the mental age is 13, you should be able to get the marriage nullified. Get proof of mental age and get a good lawyer. The mental age goes till 16, that is mental age of a average person. Below that is mental retardation of different grade. Try to create grounds that if this was not disclosed at time of marriage, your marriage should be nullified. Development of mental illness or disability after marriage is not ground for divorce but pre-exisitng illness disability is if it was not disclosed at or before marriage. This is just my thoughts, I read this in Parikh, book of forensic medicine. It is the most common literature in Indian medical colleges. But I may be wrong. Just thought I will give my thoughts. Good luck.

    • #967


    • #968

      Hi all!

      I’ve just visited this forum. Happy to get acquainted with you. Thanks.

    • #969

      How is it possible that you were arrested without warming. Sec 498A cases always have reconcilation proceedings before a FIR is launched. She left your house on the 26th of May and an FIR was filed on the 5th of June. How is that possible ? Sec. 498A cases have to be preceded by at least 3 efforts at reconciliation or at least a notice to you that a complaint against you has been received and you are required to come and give your side of the story.

      Something in your story is not gelling. Either you are not telling the whole truth or there is something fishy going on. But considering that you have already got bail, the worst is over and your options are now clear. If you want to compromise and keep the marriage going for your daughter sake, this is the time to do so. If you and your wife are able to strike a settlement either of living together or mutual divorce, you still have time to move a joint application to quash the FIR.

      But, in case you have decided to go ahead with the divorce, then you are better off filing for divorce under the plea that you were mislead into the marriage by not being told of your wife’s mental retardation. Also include the FIR and your arrest as acts of cruelty. Don’t expect instant results. If your wife contests the divorce, it will take time. But, if you start the process, at least in time it will be done.

    • #970

      If u r really in problem, u may file divorce petition & be free frm her.

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