Mutual consent divorce - husband and his family concealed his disease

2 years ago

Hi My husband and his family concealed his disease before marriage. We are going for mutual consent divorce we got to know his disease within 15 days of marriage. We are filing the case before 1 yr since the disease is related to eye and it can lead to blindness and it is genetic in nature. We have doctor's reports and certificate in which the disease and its effects are mentioned so we are willingly discontinuing the marriage. Will the court waiver off the 1 yr period or what should we do.Disease is a progressive one both his corneas require transplant and if untreated might lead to blindness and can be passed on to the children as well.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To file Mutual Consent Divorce(MCD), minimum one year continuous separation between husband and wife is mandatory so that can't be waived off usually but after expiry of that one year separation period, when that MCD case be allowed through joint petition of husband and wife, thereafter for waiver of six months' cooling off period, joint application can be made before the Court.

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Anik

Responded 2 years ago

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A.Dear Client
Concealment of fact would fall under the category of fraud and it would lead to annulment of marriage under section 12 of Hindu Marriage Act. You can take this ground for declaring the marriage void.
Thanks
Regards

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