I was married 8 years back. My wife has been suffering from a chronic skin disease from childhood which she has not disclosed before marriage. She disclosed the same only on the Nuptial night. I was shattered on hearing it and tried to find out what that disease was. I took her for second opinion and the doctor diagnosed it for a Skin disease which was prevailing from childhood. I researched the web on the disease and found that its very rare and immune and does not have a permanent cure as on date. In between this turmoil, she behaved very rudely and that prolonged for some time when i finally decided to file an application in the family court for divorce as I was not able to take the mental torture. Also the marriage has not been consummated. I did file on grounds of concealment of fact and fought the case for 3 years. As part of evidence, i produced the doctor prescripttion and was accepted by the court. She also produced a medical examination report from a reputed hospital where the Dr has clearly stated that she has been suffering from that disease for the past 20years but has not elaborated on the nature of the disease. The very fact of which she has accepted in the cross examination and also accepted that she gets boil and when it burst pus comes out along with contaminated blood. In spite of all these acceptance and evidence, I lost the case for the reason that I did not examine doctor. We thought that since the disease has been accepted and the relevant medical prescripttions mentioning the same is part of accepted documents, we thought examining the doctor was not necessary as prima facie my case was suppression of fact before marriage.
Then I went for an appeal in the HC which recommended for reconciliation. The reconciliation failed and the case stands for admission. Now I need some reference cases on mental cruelty in line with the above facts. I read in a journal that a similar case was filed in Mumbai family court and divorce granted in 2002. This I could find in Google under the search “Man complains wife has pimples gets divorce” but the name of the part is not disclosed. I am seeking help from you if you can provide the reference of this case so that I can use the same in my current proceedings.
Also advice me if I need to take any precautionary stand so that the case is awarded in my favor this time.
