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Aranganathan (MSC BEd MBA)     27 April 2016

Cruelty by hiding the diseases

Dear All,

I was married on Feb 01, After 40 days of marriage, my wife revealed that she had diabetes for past 7 to 8 years (i.e at the age of 23 Yrs). After revealed, took clinical test, found she was having TB. Till date, We did not any consummation. She hided the facts before marriage. Kindly advice whether I can go and claim the marriage as nullify or need to apply divorce. If applied, will she threaten by dowry act.



Learning

 8 Replies

adv.raghavan (Advocate,9444674980)     27 April 2016

Insufficient grounds for divorce, the court will take a different view, which may not be supportive, by all means petition may get dismissed.

JustAdvisor (IT)     27 April 2016

i hope you mean 1st Feb 2016. you may apply for annulment on grounds of fraud under section 12 (c) of Hindu Marriage Act (it is presumed you are a Hindu). but you have to do it without acquiescing to the fraud. as far as she threatening you is concerned, she can do anything - she has to prove it.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 April 2016

I support the views and suggestions of Adv Raghavan

prabhakar advocate (advocate)     27 April 2016

Very dim chances to get annulment.  Diabetes can be controlled with regular medication and T.B. can be fully controlled after giving full treatment without lapse.


(Guest)
I can get u the valid reason for divorce as a lawyer.... As a human being its very much emotional to leave ur spouse on d ground of illness.. U can pm me

(Guest)

Totally up to you.  You can go ahead legally.

Depends on your lawyer how he puts your case across seeking divorce.

Morally there is nothing much to be said, these days moral science is not even part of LKG curriculum.

Born Fighter (xxx)     29 April 2016

Court will most probably support ur wife and ask you to lookafter her as a husband for life. Laws are in favour of women. Court will indirectly tell you...its ur mistake u should have properly investigated about the girl......ab jhelo !

 

Secondly there are very high chances the girl will put cases on you and demand a hefty alimony. Boss, she will make u pay for ur mistake (sorry but cud happen)....................she n her family very well knew about her medical condition n very well know that they will not be sued legally for their fraud. So you cant trust their intentions and actions after u file divorce.

 

 

 Feel sorry for you brother....All the Best !!

 

 

 

stanley (Freedom)     30 April 2016

As far as i can see you were married in the year 2001 . After 15 yrs you are seeking divorce . Diabeties is a controlable disease and Tb is cureable has it would be difficult to get divorce . you can go in for Mutual consent if your wife agrees . 


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