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?
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.