How can a husband divorce a polio effected wife ? If before marriage he was not knowing this.
How can a husband divorce a polio effected wife ? If before marriage he was not knowing this.
Sanjeev (Lawyer) 27 October 2011
Ideally thats not possible that you did not notice before marriage that your wife was infected with polio and secondly this is not a valid ground for seeking divorce.
Actually on moral grounds also even if this was not known to you this relation should be accepted by you instead of wasting a girls life without any fault of hers.
Please note she is not only has polio effected leg but also her nature is very aggrasive if I say something to her she can go for suicide too.
one instance
On giving money to my sister she was so angry that after listening hot words from me she took the knife in her hand and tried to cut her hand pulse on stopping thrown away all utensils and broken all her bangles.
Avnish Kaur (Consultant) 28 October 2011
yes you cud have had annulment on basis of fraud BUT
condonation was done by you
and it was not filed within one year of finding fraud so you cannot do now.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 28 October 2011
I agree with Avinash Kaur.
We gladly accept few things in life and when things go awry, we try to make use of those things only which we had accepted. That is why in its wisdom, legislature had put certain restrictions.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Chetan Singh (SE) 28 October 2011
But if you are planing for divorce her, then go for MCD.
Otherwise be ready for 498a,125 from her side as basis of cruelty and neglecting her.
Maintence will be decided as per your income and her necessicity in court.
Chetan Singh (SE) 28 October 2011
Yes,correct.
Sanjeev (Lawyer) 29 October 2011
It is Mutual Consent Divorce not contested it takes normally six months but can take slightly more.
Sanjeev (Lawyer) 29 October 2011
I meant Mutual consent divorce takes 6 mths contested can take even longer than 5 years there is no time frame.