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rinny (budiness)     29 December 2014

Grounds for divorce

Hi,

I want to know can husband seek divorce from his wife if he finds out that wife has uterine anomaly that is called (uterus didelphys ) double uterus with double cervices and double v**gina .But the wife has normal menstruation and ovulation , normal ovaries and consummation was also normal in both v**ginal openings. he is able to have normal and full penetration in both v**ginal openings .While making out he does not even realize that there are two openings .Still can he make this as ground for divorce and seek divorce from wife.I want to have an expert opinion on this who has dealt with such cases. Pls reply .



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 7 Replies

Dr J C Vashista (Advocate)     29 December 2014

No, it is not a ground for divorce, read Section 13 of Hindu Marriage Act, 1955

rinny (budiness)     29 December 2014

But in section 13 of hindu marriage act nothing about such cases of uterine anomalies is mentioned.Can't husband seek divorce on this ground and say that since the wife has different genitalia therefore it is ground for divorce .

rinny (budiness)     29 December 2014

Can someone who has dealt with such cases help me and tell me that is it possible for husband to seek divorce on such grounds .Can he say that he has been cheated or fraud has been done on such grounds. Pls help me .Can husband say that because of this wife will not be able tp have kids therefore he wants divorce .

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

This is not a ground for divorce.  This cannot be considered as a disease which may give way for divorce as per the provisions of the said act.  This cannot be proved as impotency as well.

Samir N (General Queries) (Business)     01 January 2015

Presuming that this is a serious query, I cannot imagine that this can be a ground for divorce, especially if you can bear children. The medical details are really irrelevant. It is inconceivable for any legal Act to cover each and every medical condition separately therefore your concern that someone may have faced precisely the same medical condition is not relevant. I fully agree with the advice rendered by advocates here that this medical condition cannot be grounds for divorce.


That said, you cannot stop anyone from filing any petition, however frivolous. His divorce petition will need to fall under some legal section such as fraud (to void the marriage), cruelty/desertion/adultery to seek divorce, etc. I do not see any of these legal remedies available to him. Therefore, you will be able to rebut his claims, head-on. 


Unfortunately, the above is only legal advice. Extending myself beyond this realm, I am compelled to ask myself the question: Why is he REALLY seeking divorce? All things been normal, from a physical relationship perspective, there must be some other peripheral reason and you need to confront that specific reason. I think that there is more to this than meets the eye. Perhaps he has someone else in his life or you have an acrimonious relationship with him that he is compelled to find an excuse to get you out of his life. You need to step back and analyse the possibilities. You may be trying to find an answer to the wrong question.  

rinny (budiness)     02 January 2015

Thanks everyone for all your guidance .The thing is that  this fellow himself and his mother is  very greedy .They were already making issues for materialistic things since day one of marriage . Now on the top of it he got to know about this medical condition and then he and his mother started making issues of every small thing. Now the concern is that in normal scenarios where women have only one uterus , sometimes they are also not able to conceive and have kids , nothing can be done about it , its destiny , somethings are in God's hands.

But in this case, incase wife is not able to conceive quickly or easily or may require some medical intervention for conception then can he say that fraud has been done with him or he has been cheated and wife is infertile and will not be able to have children. If on the other hand wife conceives quickly and without any medical intervention then he will not be able to say to but if it is not like that then he he will get a reason of infertility .

So the question is in the case where  there is some kind of abnormality in genetalia like this one , Is it necessary for wife to share with husband before marriage. and also if not shared can he say that fraud has been done with him??

 

 

rinny (budiness)     02 January 2015

And there is one more thing associated with this , this fellow doesn't have control over his anger .He picks up things like knife etc to beat someone when he is angry .And his mother tries to benefit from this attitude of his. she keeps on provokes him to keep his wife like a slave .She even tell him to beat his wife and control her and even asks him to take all her salary from her , her atm cards etc from her .keep everything under his control.


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