Married to my cousin my father's real sister daughter for 7 years. She is suffering from schitzofernia now for 7 years .initially we thought she wanted to get married to me as her family also forced but since we got her to doctors we came to know she is having schizofernia .she is getting treated by phycatrist for last 5years now.her family also is not supportive and doesn't allow her much into their home like once in year for 2 days. She has stopped taking medicines for 1 year now and again becoming voilent with my father nd mother . She is staying at my house with my parents for last 5 years as she was having continuous arguments with me and I keep on going to my house once in 6 months. She does not allow my parents also now to spend much time with my kids.keeps on changing due to her disease sometime my dad is God for her , sometimes I am good but then sometimes we are worst people . Just trying to make sure my parents nd my kid is safe . I tried my best not to leave her get her treated but she does not agree to anything I say nd plus not taking medicines making it worse.confused what should I do annulment since it's prohibited marriage nd if I do so can she file DV against me . Now she is living alone since she gets hyper with my father so he also moved out at my home with my kid who is 5 years I worry about my kid also as she is dominating him also .please advise me. What is the process for annulment I mean how much time it takes and if my marriage is void or not automatically ? Child custody chances he is 5.2 years old.
hello
you and your wife come within the prohibited degrees of relationship as per the Hindu marriage act and as such you should not have married. the law does not recognize this marriage. therefore the marriage is void. it is as if it never took place. but you have to maintain the child and the wife. you don't have to file a petition for declaring the marriage void.
regards
I am not saying that you should definitely go for divorce.
schizophrenia alone cannot be the basis of divorce in your case as the disease is not incurable in nature. You can though file for divorce on the ground of mental cruelty
I am assuming divorce is ruled out in my case . But like her family doesn't respect us blames us only and now she is living alone with my kid at my house alone she doesn't listen to us we have requested her only to take her medicine because she has really got aggressive with my father since she is not taking medicine for last one year . One month back she attacked my mother , so she came to live with me and last week she got disrespectful with my father also can we do anything to get legal safety of my self and my family ? So do i need to worry about dv and 498a . We got married in temple and have not taking anything . Her mom gave some gold that we have kept as it is . Also what about my child custody he is 5.5 years . Also since she is Schizophrenic I have doctor prescription for last 5 -6 years can I use that to get custody of child ?
As I have stated she is not your wife as the law dies not recognise her as such. She cannot file such cases against you. Although the police does not understand such technicalities and may file the case against you.
As cousins cannot marry under the Hindu law.
You have to produce a certificate before a judge stating that she is a schizophrenic. A prescription for medicines.....hospital bills etc.you will get custody.
Regards
If you feel that you are capable of taking care of your child, then you must file an application. It is your right to get custody of your child. It is also advisable to meet a good lawyer and work on these aspects in advance. If one of the parents is given custody of the child, the other is granted visitation rights. That means that she can meet the child with permission from the custodial parent. It is also possible to request the Court to reconsider its decision after a period of time, especially if the children are not happy.
But as she is living alone with my kid, I am just worried if she does something will I be held responsible , is there anything I can do to legally secure myself and my family? Also chances of getting my child custody as he is more than 5 years and male child , I read somewhere I am his natural guardian once he is above 5 years . But what worries me is for last 5 years I have been working out in other place and she was living with my son and parents so she has not allowed us to do anything of our wish with my son?
You can file a case for custody of your child. The custody of a child below 5 years of age is ordinarily givien to the mother.
Your application for custody is maintainable.
The mother usually gets custody of the minor child, under the age of five.
File for custody immediately and state before the court the reasons for the application.
1) you married your first cousin
2) it falls within prohibited degree of relationship
3) your marriage is nullity
4) you can make application for custody of your child
5) mention that she is suffering from mental illness and incapable of taking care of child
In event wife files false dowry harassment case
Police would issue notice to record your statement. Deny all allegations made in complaint
2) apply for and obtain Anticipatory bail from sessions court
3) in DV case there is no arrest . File reply denying the allegations made against you
You ha e to apply to family court seek custody of child on grounds of wife mental illness
Mention that she is aggressive, susoectibke to mood swings , becomes very violent and can harm the child
Annulment of marriage is not possible at this stage and also the schizophrenia cannot be a strong reason for annulment
You can file a divorce case agaisnt her on the grounds of cruelty citing her disease and the effects of it as the reasons for cruelty.
But as she is living alone with my kid, I am just worried if she does something will I be held responsible , is there anything I can do to legally secure myself and my family?
Also chances of getting my child custody as he is more than 5 years and male child , I read somewhere I am his natural guardian once he is above 5 years . But what worries me is for last 5 years I have been working out in other place and she was living with my son and parents so she has not allowed us to do anything of our wish with my son?
You can file a child custody case also besides divorce case.
If you find that ther is a danger for the life of your son, then you take away the child from her and keep it with you.
Let she lodge a complaint also agaisnt you, with the support of evidences of her medical ailments, you can convince the police or court about the imminent danger to the child if allowed to reside with her.
can we do anything to get legal safety of my self and my family ?
So do i need to worry about dv and 498a . We got married in temple and have not taking anything . Her mom gave some gold that we have kept as it is . Also what about my child custody he is 5.5 years . Also since she is Schizophrenic I have doctor prescription for last 5 -6 years can I use that to get custody of child ?
Why divorce is not possible?
What is that stopping you from applying for divorce?
Are you afraid that she may slap you with 498a and other criminal cases as a retaliation?
Dont worry about the subsequent developments.
You can consult an advocate in the local and proceed as suggested or as per the suggestions received in this forum.
Thanks everyone for comments.I guess all my questions got jumbled up.let me ask in clear points : 1) since it is first cousin marriage ? Do I need to file divorce or not . If it is automatically void being prohibited marriage how can I get that on record ? 2) since my father left house ,her mother was living with her for last 15 days but she also left her now she is living alone with my kid in my house , if she does something wrong like suicide is there any way u can safeguard myself against 306? This is my major concern 3) my kid is 5.5 years old since she is Schizophrenic how can I get his custody immediately so that she can't harm him ? 4 ) married for 6.6 years now cases like dowry and dv if marriage is prohibited does it still apply? 5) what does it mean when IPC says after 5 years age father is natural guardian? 6) is there any legal provision to get her on medication?Since she is refusing medicines ? 7) how about judicial separation. Does it safeguard me and my parents against 306,498a? 8) sometimes she messages me our relationship. Is over go and do 2nd marriage sometime she msgs like talk to me but I am not replying for 1 month now ? Am I legally safe if I don't reply or should I reply ? 9) how tough it is to fight contested divorce with job I am software professional mostly working 12 hrs a day ?
You have to file petition fir declaration that marriage is nullity as both fall within prohibited degree of relationship
2) you have to rely upon her medical reports to show that she committed suicide because she was suffering from mental illness
3) you have to file application in family court seek sole custody of your child
4) wife can file complaint under DV act and 497A for dowry harassment
5) you can file petition for judicial separation
6) it should insulate you to some extent
7!you must reply to her messages
8) contested divorce proceedings take 5 years to be disposed of
1.Since your tradition permits and recognises this marriage between the said relationship, it cannot be legally void, hence you may have to file a divorce case only, especially at this stage only a divorce case is maintainable.
2. If you apprehend such an incident, you may file a NC before the local police, clearly explaining your apprehensions, which may to some extent protect you from severe legal actions, if something happens as apprehended.
3. For child custody yo have to file a petition seeking child custody before the competent court.
4. Since it is a continuous offence, it is maintainable.
5. The biological father is the natural guardian of the child right from its birth and not from the age of 5 years. You have mistaken custody to natural guardian.
6. If she is refusing medicines, then she may be referred to any marriage counselor.
7. Yes, you can do that.
8. You can decide judiciously.
9. You can give POA deed to somebody to represent you in your absence and conduct the case in the court.
hello
you do not need to file divorce as the law does not recognize your marriage. although your child and so-called wife are entitled to maintenance. it is a void marriage. it will be so recognized if she files any case against you.ou have to produce a certificate before a judge stating that she is a schizophrenic. A prescription for medicines.....hospital bills etc.you will get custody. you have to inform about her to the authorities so that the authorities know about her beforehand and you will not be implicated in case she attempts something.
no, these cases do not apply as your marriage is void. you cannot force her to take medicines. but the court can say that unless she takes medicines she would not be entitled to live with her husband and child.
you don't have to contest this case, as there was no marriage.
you should not reply to any of her messages.
regards