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Siddharth Srivastava   10 September 2024

What could happen if partner decides to file for divorce on grounds of hidden medical condition?

Hello, 

I am looking to get married, and i have a medical condition (psychosis), and before i start that process i want to know what would happen if i do not disclose this medical condition to my potential partner?

What would be the law around it if she files for divorce? Would she be able to claim alimony? Part of my savings?

I am better now and my medication would be stopped in sometime. 

Thanks



Learning

 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 September 2024

It is better to disclose the facts to her before marriage.  And you shall take advice regarding your health condition can you marry or not?

Siddharth Srivastava   11 September 2024

Yes i spoke to a doctor and he gave me the green light. But i want to know what would happed should i choose not to disclose it to her. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 September 2024

1 Like

Siddharth Srivastava   11 September 2024

Originally posted by : Rama chary Rachakonda
I understand your concern. Non-disclosure of a medical condition to a spouse can have legal implications, especially in the context of divorce. If you choose not to disclose your medical condition to your partner and she later finds out, it could potentially be used as grounds for divorce. In some jurisdictions, non-disclosure or misrepresentation of a material fact like a medical condition can be considered a ground for divorce. If your partner decides to file for divorce on these grounds, it may lead to: 1. _Fault-based divorce_: Your partner may seek a fault-based divorce, alleging that you withheld information about your medical condition. 2. _Property division_: The court may consider your non-disclosure when dividing assets and determining alimony. 3. _Spousal support_: Your partner may request more spousal support due to your non-disclosure. 4. _Custody and visitation_: If you have children, the court may consider your non-disclosure when determining custody and visitation arrangements. However, it's essential to note that the specific consequences will depend on your jurisdiction's laws and the circumstances of your case. I strongly advise you to consult with a family law attorney to understand the potential legal implications in your area. Additionally, consider the ethical and personal implications of non-disclosure on your relationship. Honesty and transparency are often essential in building trust and resolving issues amicably.

Great thanks for the detailed answer. 

T. Kalaiselvan, Advocate (Advocate)     11 September 2024

You might have become alright now, but there is no guarantee that this will not recur in future.

At the time of recurrence, i.e., after marriage if she comes to know about your past history then that may become a huge problem which may lead to many legal consequences including divorce and criminal complaint for cheating etc.

Therefore you can obtain a doctor certificate that you are mentally and physically fit and have recoverd from your illness  and disclose the medical issues to them before marriage and inform them about your medical about your current medical fitness  after tretment etc. 

you can even record this so that she cannot claim innocence about it at a later date.

Therefore it is always better to take precautions instead of repenting at a later stage

1 Like

Siddharth Srivastava   12 September 2024

Originally posted by : T. Kalaiselvan, Advocate
You might have become alright now, but there is no guarantee that this will not recur in future.
At the time of recurrence, i.e., after marriage if she comes to know about your past history then that may become a huge problem which may lead to many legal consequences including divorce and criminal complaint for cheating etc.
Therefore you can obtain a doctor certificate that you are mentally and physically fit and have recoverd from your illness  and disclose the medical issues to them before marriage and inform them about your medical about your current medical fitness  after tretment etc. 
you can even record this so that she cannot claim innocence about it at a later date.
Therefore it is always better to take precautions instead of repenting at a later stage

Alright, i will keep that in mind. Thanks

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 September 2024

Yours is a difficult situation. It is not that whether your future wife has the right to divorce or not. Even if she can seek divorce she may seek divorce or reconcile to the situation and choose to remain with you, Life may not be pleasant. Is your ailment inheritable? What method do you want to adopt to get married, a traditional arranged marriage or a boy meets girl and proposes marriage. If you choose the latter method after you come to know each other, you tell her about  your condition and give her an option to decide to marry or not. You can use the internet for this purpose. Girls also have compulsions.

P. Venu (Advocate)     13 September 2024

Irrespective of the (future) wife's right to seek or secure a decree of divorce, there is a strict obligation cast upon you that a honest disclosure of the medical condition be made to her, if not her parents as well.

rottaamie   13 September 2024

If a partner files for divorce on the grounds of a hidden medical condition, the court will review the case to determine if the condition was intentionally concealed and if it significantly impacts the marriage. Depending on the jurisdiction and circumstances, this could lead to a granted divorce and potentially affect the division of assets or spousal support. Consult a legal expert for detailed advice specific to your situation.


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