I am an Indian citizen and Canadian Permanent resident. I got married to my husband in June, 2008 in MD, USA. Even though it was an arranged marriage, circumstances or probably other sideís desire led it happened in USA. We both are Hindus. At that time, my husband was on H1b visa and I was a Master student (F1). After 7 months of marriage, my husband had grand mal seizure. I came to know that he has epilepsy which is mostly under control with the medication. He had 6-7 seizures in his life though he had this problem from six months of age and had been on medication for most of his young and adult life. Though he had some accidents almost one year before our marriage and our marriage might be an attempt of keeping someone with him all the time.
In the meantime my husband has to move to Canada. I joined him there in April, 2010 and I got pregnant in few months here. To save his time, my husband relied mostly on my and his parents, who visited us from India, during my pregnancy. So many things happened during my second and third trimester Ė including him having another seizure in presence of my mother, his super superstitious mother (we are from Punjab and I was having a boy!!), bad OBGYN, overdue pregnancy, induction, intense labor of 2 days and ultimately c-section. I went into postpartum depression. So during maternal leave, I had some counseling sessions from a private psychotherapist. Finally I recovered.
Only few days went normal, my husbandís epilepsy started getting bad. From January, 2011 till yesterday (Feb 25, 2012) he had 8 seizures. Some of these seizures he has been hiding from doctors too so that he wonít lose his driving privileges. Though the situation is really bad- one he had while walking on the road (paramedics brought him in) and four in the bathroom (In yesterday's one he was walking naked inside the apartment since he had no conscious). His situation is affecting my health as well and I have to take care of my two years old son as well. We are having ĎDivorce/ Separationí talk almost after every episode. I have crossed all the stages- anger, depressed and worrying and now looking for a solution. He does not think if divorce is needed, probably because I and my son complete the picture of him as a successful man.
The physical side of marriage has been weird too, which includes visit to doctor and family pressure. He has to sleep early and works almost 12 hours a day. Things have gone really bad after sonís birth and we sleep in separate rooms so that I can control my sonís noise and my husband can sleep well. He also has mild sleep apnea.
But I want to know my legal rights and make decision accordingly. Since we both are still Indian citizens (my husbandís application for citizenship is under process and I will be eligible to apply in April), are Hindu/ Indian marriage laws applicable to us (marriage happened in USA; not sure about the jurisdiction)? Hindu/ Indian Marriage act has some clauses related to epilepsy (not sure if they were valid till only 1999). Does my marriage go against these and can be seen as invalid? I am looking for a mutually consented resolution, so that there will be the least negative effect on my son. Right now I donít even care if I get any alimony, but if my husband does not consider separation as an option, what I should do (I canít just leave the home. Our finances are tied together very closely and all of my savings so far, are invested in a property he bought before our marriage, so it is still on his name)?