Divorce
Shri
(Querist) 11 October 2014
This query is : Resolved
Case is :- 6 months After Marriage wife had a Epilipsy attack, 3 times in three months even after starting of medication after first attack... the Husband is still trying to get her out of that... tried from bombay to trivendrum all hospitals but never suceeded. This all took a period of 8 years. now in june 2014 to aug 2014 she had a brain heomorage three times. her lower limbs were paralysed now she is unfit for pregnancy also...but in hindu marriage act there is no divorce on the ground of epilipsy. Doctors are not ready to give in writing that she is unfit for preg.. is there any way that the husband can get relief..? the wife is not ready to give him permission for second marriage as her brothers force not to give him the permission. Till date all the expenditure is made by the husband..
Anish Thakur 7018812737
(Expert) 12 October 2014
Dear querist , marriage under hindu law is rligious sacrmant and not a contract.Court can not grant divorce only on the basis of any disease untill that disease declared the respondent unfit for cohibilitation and married life and also the deases should be un curable certified by the doctor doing treatment.And one more thing any disease, injury bodily and mentally arising after marriage also attract various criminal liabilities against the in-law family if complaint lodge by the victim wife and some are so severe that person vn cant get bail.
ajay sethi
(Expert) 12 October 2014
at this stage you should not think of second marriage . you should take her of her . because your wife is paralysed is no grounds for divorce nor second marriage
K.K.Ganguly
(Expert) 12 October 2014
1. There is no ground for your seeking divorce,
2. You are legally bound to maintain your wife carefully when she required tretment & not think about discarding her or remarrying since she got the ailment.
Rajendra K Goyal
(Expert) 12 October 2014
She need sympathy and care at this situation, she is entitled for it morally and legally.
Law may not come to your help to divorce her in such situation.
Dr J C Vashista
(Expert) 12 October 2014
I have similar opinion as advised by the experts and nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 17 October 2014
Even I have similar opinion to that of the experts, hence it is better you live a life with her for ever adjusting with her ailments, infact your support and care may bring faith in her and she may gain confidence as well as regain her health and recover from her ailments which will open the doors for you in the near future. Try.
