Dear,
Sorry to hear your story, after reading your problem i must suggest you to go for divorce
on this ground. Present this proofs in court,court will defiantly grant you on this medical
ground of wife.
Need advice please
Hi Sir, Am working in Pvt sector, Got married DEC 03, 2016. As per tradition right Murathum 5th month2017 (APRIL ending she(wife) came to Bangalore to live. She is from AP. 1st week was gone normal, 2nd week started bad days to me. During this period 2nd Week, she use to always complain about her health issues: no hunger, Vomiting, Head ache, body pains, with low BP. When asked about how long ur suffering this problem, she use to avoid & say its just a ladies’ problems. After 3rd week, she had an urine infection, proteins++ are going in Urine (symptoms- mild fever). As a husband I did all sort of investigations, i asked her mother any past history whether she is suffering from kidney disease, she told nothing before marriage normal, after discharge she went her home town, in between MAY to DEC 2017, again she admitted 4 times hospital abdomen pai,, i went her home town checked her healthy condition, she become lean 46 kg to 35 kgs, l was shocking. Finally, i decided to check her Ct scan in HYD and after that we come to know that she is suffering from kidney disease : Membrane nephropathy chronic (Autoimmune Disease) LUPUS and Liver disease which is CHRONIC. I have reports with me after marriage, Doctor clearly states that she has this ailment from past many years. When Me and my brother started questioning her and her parents they replied don’t know thing, after marriage she got all problems. Although I have all her reports of joining and discharge. she and her parents are not accepting the fact that she has this kidney disease and liver disease. Her mother has cunningly avoided this topic, I stayed with her hardly 10 to 12 days only. I have taken opinion of 3 specialists, who say that a short episode of urine infection which has happened only once after marriage can’t damage her kidneys to this extent. Before marriage she or her parents has not revealed me about her kidney problem and liver disease. I have become a victim of a well-planned cheating. I want to file 12 C annulment/divorce and cheating case based on all the medical proofs I have. Can I get a divorce on this ground? Recently again checked her medical test proteins++ are going in Urine, and she using steroids Wysolne and other drugs mycopholate.
Asked 6 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
15 Answers
Hello,
You may go ahead and file a divorce on this ground under section 13 of the Hindu Marriage Act. Get in touch with a local lawyer who may proceed and do the needful for you.
Regards
Dear Client,
Divorce can be file on the ground of fraud and concealing material facts. Repercussion, they may file false case of dowry.
Get a proof of this from them, it was not disclosed to you about her medical issues.
Yes you can file divorce petition before the jurisdictional family court Bangalore on the ground of medical, this is one type of mental and physical harassment on you and also to file cheating case against them it will helpful to your divorce case in future, and you have collect all the medical documents to prove your case. All the best.
1) you can file fir anullment of marriage on grounds of fraud
2) if wife has suppressed she was suffering from kidney , liver problem before marriage it is ground for anullment of marriage
3) you can also file for divorce on grounds of mental cruelty
4) also file case of cheating against wife
It is a fit case to file nullity of marriage. As per section 12(2)(a)(i) you have to file a petition under section 12(c) with in one year from the date of fraud has been discovered.
1) Actually you should have applied within year from the date of marriage for annulment of marriage. Now it won't be possible to get annulment, you have to apply for divorce in this case.
2) and plus cheating case on her family not telling about such serious disease.
1. Apply for annulment of the marriage under the grounds of Fraud and cheating.
Please note you need to file a petition under section 13(1)(ia) under ground of mental cruelty. Since 12 will not be applicable to your case. It is pertinent that in your case suppressing the fact that the girl is suffering from disease and it was hidden which amounts to cruelty. You need to collect proof that she was suffering before marriage also with the disease. If you can then court will be inclined to grant you divorce.
First you should get written medical advice from ad doctor stating that your wife has been suffering from the said chronic diseases for a very long time thereby implying that she was suffering from them prior to marriage and this material fact was concealed from you.
After you've gathered all the evidences relating her disease, you can file for annulment and your marriage will be annuled on this ground.
You can also consider filing a case for criminal breach of trust, cheating and fraud under S. 406/415/420 IPC against the girl and her family.
Regards.
Sir gather all the medical documents clearly stating that the wife is suffering from such ailments and disease before marriage and same has been concealed from you. further you can get the marriage annulled on ground of cheating and fraud as the material facts were hidden from you before the marriage, Sir cheating and fraud are ground of annulment under section 12 and you can get your marriage annulled on this ground.
The divorce can be taken on the ground of the cruelty.
Further kindly keep evidences that after hospitalisation she is not leaving with you there is no harassment from your side as she can file false cases,
definitely you can approach and take help of court for annulling the marriage.
Dear Sir,
You can immediately get issue a legal notice and seek for annulment of marriage on the ground of suppression of medical diseases. The relevant law is follows. You will get divorce without alimony since they cheated you by not disclosing acute diseases.
======================================================================================
What Is Annulment of Marriage
In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.
Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.
Grounds for Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease).
Although you havent specified the exact timeline or the precise date when the tests were conducted which revealed the ailments suffered by your wife, if you file within a period of one year from the date of knowledge, you can get your marriage annulled on this ground. You have a good and strong case.
There is no provision for divorce on the grounds of cheating.
This ground may not attract law for annulment as well..
However on completion of one year of marriage you may file a contested divorce case on the grounds of cruelty.
