Hello,
My wife was diagnosed with a debilitating disease 4 months before the marriage (for which I have proof) and she concealed her illness from us at the time of marriage. Our marriage only lasted for a few months. Almost after two years of separation, I filed for divorce and trial is yet to start. As a counter to our divorce notice, she filed 498a and demanded a huge ransom for settlement.
I am hoping to find some case references where concealing material facts before marriage is used as grounds for divorce. Recently I heard from someone that false educational qualification is used as grounds for granting a divorce. But I could get any additional information with respect to the Place of Judgement, day, etc. Also I recently came across the following reference to a Bombay High court judgement from late 2004 and early 2005. The text indicates that the petitioner in this case is denied maintenance for concealing her medical condition before marriage. Unfortunately I could not find any more details about this case. Can any one please help me with find these judgements or any other case references on this topic?
Thanks in advance,
-Aman.
Bombay high court judgement:
" ...an important fact is that there should be absolutely no concealment of pivotal facts at the time of marriage. In fact, the division bench of the Bombay High Court passed the judgment wherein permanent alimony was denied to a woman whose marriage was annulled nine years ago on the ground that she had hidden her epileptic condition from her husband.
The
judges further stated that it was an "attempt of shift liability of
maintenance by the wife on a husband who was not at all on fault and
who had not consummated the marriage." Had she disclosed her status,
the husband would not have married her.
The
bench held that even though the Hindu Marriage Law permitted the wife
the right to alimony, in this particular case, the wrongful conduct
prevented the court from granting her alimony. Here the woman was, in
the words of the judges, "trying to take advantage of her wrong or
fraud and was trying to harass the husband by claiming alimony."
The
judgment comes as a big time relief for husbands, who were directed to
pay alimony to their wives even if the latter were at fault. Most of
the lawyers welcome the judgment with this perspective. "
