I was married 2 years back after marriage I came to know she is getting treatment of neuro disease and she went to her father's home and till now her parents are not ready to give divorse. Can divorse can be granted even after 2 years of marriage on the grounds of fraud?? We have no children's.
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1. marriage cannot be nullified under section 12 of the Hindu marriage act but you can file divorce on the ground of incompatibility.
2. if wife is suffering from incurable disease right from the marriage and because of it marriage cannot subsist for long time then husband can take divorce on the ground of incompatibility of nuptial knot if this fact was concealed by wife's family at the time of marriage.
When did you discover the fraud ?
2) you ought to have filed for anullment of marriage on grounds of fraud within period of one year of discovery of fraud
3) in the alternative you can file for divorce on grounds of mental cruelty
Hello,
1) There are grounds on which you can seek divorce. Insanity is one of the grounds to seek divorce. A mere treatment for neurotic disorder will not suffice. You will have to prove that it would be difficult/dangerous to live with her.
2) You can alternately file for divorce on grounds of mental cruelty. Their not disclosing the disease amounts to cruelty and breach of trust.
3) The parents cannot give divorce but your wife. However you can name the parents being deliberately part of the whole episode of breach of trust.
4) Engage a lawyer locally to assist you with the procedure.
Name of nureo disease is multiple sclerosis it is incurable .
If wife has suppressed fact that she is suffering from incurable disease you can file for divorce on grounds of mental cruelty m
Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. Multiple sclerosis is a long-lasting disease that can affect brain, spinal cord, and the optic nerves in her eyes. It can cause problems with vision, balance, muscle control, and other basic body functions. The first symptoms often start between ages 20 and 40. So you can file a case for divorce under the ground cruelty mental cruelty.
The courts can grant you divorce if you can convince the court properly. The courts can also grant you divorce in case they feel that marriage between husband and wife has broken down irretrievably and no pint will be served by keeping the marriage alive in the eyes of law.
1. You may apply for annulment of marriage on the ground that your consent to marriage was obtained in a fraudulent manner. The evidence of fraud will have to be led i.e it will have to be proved that she did not disclose this fact before marriage.
2. You may also file for divorce if the disease is incurable. Her entire medical record will have to be led in evidence in the court.
You can apply for divorce on the grounds of cruelty and desertion citing her mental health and related medical ailments as reasons for her to abandon the matrimonial home which cause you mental depression and desertion as the grounds for seeking dissolution of marriage.
Name of nureo disease is multiple sclerosis it is incurable .
If this is a mental ailment and cannot be cured and a material fact that has been suppressed, but you came to know about this chronic ailment within one year from the date preceding the date of this application seeking annulment, you can file a petition to annul the marriage on the same grounds.