Is tb can be a just cause to desert husband by wife?
Shweta Bagkar
(Querist) 19 February 2014
This query is : Resolved
If husband has tb and wife has deserted the husband on that ground is it valid reason for desertion?
Rajeev Kumar
(Expert) 19 February 2014
No it it not a valid cause of desertion. ThoughTB is infectious disease and curable disease by taking medicine of prescribed period by doctor.
Shweta Bagkar
(Querist) 19 February 2014
wife has deserted husband for the above reason. Now husband wants to send her rcr notice. he just wanted to know that if she does not return and file divorce petition then will it be a valid reason
Devajyoti Barman
(Expert) 19 February 2014
N need for sending RCR notice. Husband straightway can file RCR.
Shweta Bagkar
(Querist) 20 February 2014
Ok Berman sir...Thank you..
T. Kalaiselvan, Advocate
(Expert) 20 February 2014
Tuberculosis is curable and cannot be construed as a ground for divorce. Issue a notice asking her to return and if she doesn't file a divorce case on the grounds of desertion.
R.V.RAO
(Expert) 27 February 2014
yes.TB is very much curable and cannot be ground for deserting husband.ask for rcr.
ajay sethi
(Expert) 27 February 2014
agree with experts . in fact court have held that even if you get married and surpress that you are suffering from TB it is no ground for divorce as TB is curable
ajay sethi
(Expert) 27 February 2014
Calcutta High Court
Anath Nath De vs Sm. Lajjabati Devi on 22 May, 1959
Equivalent citations: AIR 1959 Cal 778
Author: S Datta
Bench: S Datta
ORDER
S. Datta, J.
1. On the 8th September 1955 the petitioner Anath Nath De filed this petition under the Hindu Marriage Act of 1955 for a declaration that his marriage with the respondent Lajjabati Devi is null and void. In the petition the uncle and two brothers of Lajjabati Devi are impleaded as defendants.49. It is also well established by authoritative I pronouncements made on the analogous provision of the Indian Divorce Act that concealment of a disease does not avoid a marriage.
50. There seems to be no reported case as to the concealment of Tuberculosis.
51. There is, however, the judgment of Sir Ashutosh Mukherjee reported in Birendra Kumar Biswas v. Hemlata Biswas, AIR 1921 Cal 459, regarding concealment of syphilis which now falls in certain circumstances within the ambit of Section 13 of the Hindu Marriage Act.
52. One of the questions in that case was whether the existence of syphilis in either party at the time of the marriage renders the marriage voidable. His Lordship after reviewing several cases came to the following conclusion:
"It can hardly be doubted that sound public policy would not permit an extension of the rule to cases where the disease is easily curable. It is the permanent or probably permanent character of the malady, rendering sexual intercourse impracticable throughout the continuance of the marriage, that furnishes the reason for the annulment' and the maxim should apply cessante rationae cessat lex ipsa."
53. There is evidence before me that the petitioner (Respondent No. 1) is almost cured. One of the Specialists said that in his opinion it is likely to disappear. Therefore, it cannot be said that it is an incurable disease. Even on this ground concealment of tuberculosis which is curable cannot entitle the aggrieved party to avoid the marriage.
54. In the result, the petition should be dismissed with costs.
Guest
(Expert) 27 February 2014
Not a genuine cause.
V R SHROFF
(Expert) 27 February 2014
husband want wife or divorce??
If h want divorce, he can directly file Divorce Petition on grd of desertion. w can't succeed keeping herself away from h on grd og TB ..
Sudhir Kumar, Advocate
(Expert) 20 July 2014
restitution of conjugal rights application can be filed by any husband of any religion who is keen to have 498a case against him and his family.
When RCR notice is received by wife then she is forced to justify the reasons for her living separate. Then she is left with no choice but to file 498a (true or false.
Even if decree is obtained it cannot be enforced practically.
