Divorse
karina
(Querist) 18 September 2011
This query is : Resolved
my husband is giving divorse to me on the ground of my health probleme. i have the SLE problem which is not curable but treatable. i dont want divorse. whats will be the result of court during this problem ?
Raj Kumar Makkad
(Expert) 18 September 2011
This is not a good ground for divorce. You have not told whether this disease was present prior to marriage and when were you married? whether your husband has also treated you or not? Whether you have any child out of this marriage or not?
All these questions are relevant for the court to decide and for us to reply.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
A disease, only because it is not curable but treatable, is not a ground for divorce unless the disease is such that it prevents U from discharging your marital duties.
Kiran Kumar
(Expert) 18 September 2011
In addition to mental disability the Hindu Marriage Act, 1955 specifically mentions that either it has to be incurable form of Leprosy or communicable form of Venereal Disease.
your husband will have to prove a lot of things in order to get divorce...there will not be an outright presumption against you.
the factors mentioned by Mr. Makkad are also relevant and such questions does play a major role in such kind of lis.
Devajyoti Barman
(Expert) 18 September 2011
Yes , the suit for divorce would fail.
prabhakar singh
(Expert) 19 September 2011
SLE means Systemic Lupus Erythematosus or Lupus.It is an auto immune disease.characterized by acute and chronic inflammation of various tissues of the body. Autoimmune diseases are illnesses that occur when the body's tissues are attacked by its own immune system. The immune system is a complex system within the body that is designed to fight infectious agents, such as bacteria and other foreign microbes. One of the ways that the immune system fights infections is by producing antibodies that bind to the microbes. People with lupus produce abnormal antibodies in their blood that target tissues within their own body rather than foreign infectious agents. Because the antibodies and accompanying cells of inflammation can affect tissues anywhere in the body, lupus has the potential to affect a variety of areas. Sometimes lupus can cause disease of the skin, heart, lungs, kidneys, joints, and/or nervous system. When only the skin is involved, the condition is called lupus dermatitis or cutaneous lupus erythematosus. A form of lupus dermatitis that can be isolated to the skin, without internal disease, is called discoid lupus. When internal organs are involved, the condition is referred to as systemic lupus erythematosus (SLE).
#Lupus is an autoimmune disease, not an infectious disease like HIV. People with lupus have an overactive immune system. The body's defenses actually attack healthy tissue.Originally, the disease would manifest itself as flu-like symptoms for about three weeks out of every three months, with fatigue extending a month after every flare-up.
NOW COMING TO GROUNDS OF DIVORCE BASED ON DISEASES LAID IN SECTION 13 OF Hindu Marriage Act,the following portion is readable for your query to check if your disease comes covered by provisions or not:
"1[(iii) has been incurably of unsound mind, or has been
suffering continuously or intermittently from mental disorder
of such a kind and to such an extent that the petitioner
cannot reasonably be expected to live with the respondent.
Explanation.-In this clause,-
(a) the expression "mental disorder" means mental Collected by the All India Christian Council, www.christiancouncil.in Page 9 of 20
illness, arrested or incomplete development of mind,
psychopathic disorder or any other disorder or
disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a
persistent disorder or disability of mind (whether or
not including sub-normality of intelligence) which
results in abnormally aggressive or seriously
irresponsible conduct on the part of the other party,
and whether or not it require or is susceptible to
medical treatment; or]
(iv) has 2* * * been suffering from a virulent and incurable
from of leprosy; or
(v) has 2* * * been suffering from venereal disease in a
communicable from ; or"
ONE CAN SEE NOW THAT DISEASE YOU ARE SUFFERING WITH IS not a GROUND OF DIVORCE.
HENCE ALL OPINION ADVANCED IS CORRECT,I AGREE WITH EXPERTS..
Guest
(Expert) 20 September 2011
Agree with experts.
