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REGARDING DIVORCE
4 years ago
CAN I GET DIVORCE ON MEDICAL GROUNDS, I got married in Oct 2019,(arranged marriage) my age is (26) my partner(wife) hid the disease of hepatitis B from me, during miscarriage on Feb 2020 I came to knew that, luckily I didn't get infected from that, Dr. advised not have a baby as the disease spread to the liver, things are getting worse from my father in law side, so I decided to settle the issue, can anyone give a legal opinion in this regard during this time.
ARSHAD ALI ZAIDI ADVOCATE
Responded 4 years ago
A.You can not get divorced on medical ground. A husband can not be granted divorce simply on the basis of
his wife not being able to conceive and bear children, a family court in Mumbai has ruled.
“Merely for not being able to bear a child for the
petitioner-husband due to ovarian failure, it cannot be said
that divorce can be granted on the said ground.
his wife not being able to conceive and bear children, a family court in Mumbai has ruled.
“Merely for not being able to bear a child for the
petitioner-husband due to ovarian failure, it cannot be said
that divorce can be granted on the said ground.
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Meenakshi Garg
Responded 4 years ago
A.Dear client,
You can seek divorce on the medical ground as it will affect your future life moreover the fact that your wife was suffering from Hepatitis B was not disclosed to you that makes an additional ground of cheating. Thus, you can file the divorce petition taking up this ground.
But before that you should try to amicably settle the with your wife.
You can seek divorce on the medical ground as it will affect your future life moreover the fact that your wife was suffering from Hepatitis B was not disclosed to you that makes an additional ground of cheating. Thus, you can file the divorce petition taking up this ground.
But before that you should try to amicably settle the with your wife.
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Suneel Moudgil
Responded 4 years ago
A.1. The divorce is possible on this (hepatitis B) ground if the disease is not curable,
another ground is cheating, (the in-laws hide the disease)
but take note of the facts that it will take years for proving the ground of the divorce, and once you file contested divorce she may file/claim:
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
2. try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
another ground is cheating, (the in-laws hide the disease)
but take note of the facts that it will take years for proving the ground of the divorce, and once you file contested divorce she may file/claim:
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
2. try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
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A.Yes, you can get divorce on those medical grounds. Please give me Rank 5 if you feel my answer helped you.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
Please talk to her once and try for mutual divorce. Limitations start after a year of marriage.
Please talk to her once and try for mutual divorce. Limitations start after a year of marriage.
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