• Divorce or annulment on basis of concealment of facts

Sir,

I married a girl in nov 2019 . But after some days i came to know she has vitiligo (non virulent, non contagious, and its non spreading). After asking the truth she said she has patch of vitiligo on lip since 5 years but is not spreading. I did not consummate since. Now it has been one month. I want divorce/annulment based on fact that she and her parents concealed facts before marriage that she has vitiligo. 
1. But I am confused if Vitiligo is a ground for divorce or annulment of marriage.
2. What proof do I need?
3. I showed it to doctor also, but he said very low chances to reduce it. He said it is difficult to comment whether children will get it. He also said it is not leprosy
4. Please provide any reference case which involve such medical background
Asked 1 month ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

File petition for anullment of marriage on grounds of fraud or misrepresentation 

 

2) it should be filed within period of one year of marriage 

 

3) you would not get divorce on grounds of skin disease

 

4) The legislation in its wisdom did not include the vitiligo to be one of the diseases, on the basis of which divorce could be granted. The diseases on which the party is entitled to divorce, are given in Section 13 of the Hindu Marriage Act, which does not include this disease to be one of the diseases, even though incurable in nature.

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

 Vitiligo is not a valid ground for annulment or divorce.

You would need to file for divorce on other grounds as mentioned under Section 13 of Hindu Marriage Act.

 

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

- Under Hindu Marriage Act , now Leprosy is not a ground for divorce. 

- However, as your marriage has not been consummated , then on this ground you can file a petition to declared your marriage as null and void. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

1. If it's a sexual disease then you can pray for the same. 

2.  If it's contagious then it may

3.Medical certificate

 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

Only if it is contagious than a ground you of annulment.

Medical report.

Medical report is must to prove.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

They have not provided information of vitiligo to you and your family before marriage on this ground can go for annulment.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

You need to wait to complete for one year of  your marriage for filing divorce.

1) it could be a ground but not for annulment.

2) You need to prove that they have suppressed the fact of vitiligo and performed the marriage.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

1. It can be ground for annulment. 

2. Medical Certificate 

 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. Since vitiligo is a non curable disease and if the same was concealed from you then it is a material suppression of fact which is a ground for nullity of marriage. 

2.  You need to prove the pre existing disease and suppression of fact. 

3. It's important evidence. 

4. Citation varies with every case. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Dear Client,

On the basis of the above disease, you can not seek divorce as its not a contagious disease. 

Jaswant Singh
Advocate, Gurugram
877 Answers
2 Consultations

4.8 on 5.0

It may not be good ground for divorce but not applicable to annulment. 

No chance for divorce on the ground of VITILIGO under section 13 of Hindu Marriage Act 1955.

 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear sir,

Vitiligo is not a ground for divorce. In order to succeed, the only plea available to you is of fraud and mis- representation.

Proof is such cases can be through oral evidences of parties, recordings, conversations, confessions, medical evidence etc.  

The court can also look into surrounding circumstances relating to consummation of marriage. For eg. If the patch is noticeable, the fact that you stopped your sexual relationship only a month back can go against you.

You'll need to discuss all the details in order to plan your next move. The information provided here is not sufficient to give the exact answer. It is advisable that you get in touch with any advocate over a telephonic conversation and obtain a legal opinion after providing all the details. 

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

Vitiligo is a condition in which the skin loses its pigment cells (melanocytes). This can result in discolored patches in different areas of the body, including the skin, hair and mucous membranes. Vitiligo (vit-ih-LIE-go) is a disease that causes loss of skin color in patches

There is no "cure" for vitiligo. Sometimes patches go away on their own. But when that doesn't happen, doctors can prescribe treatments that might help even out skin tone.

f a person has vitiligo, the risk that a first-degree family member (parent, child, or sibling) is 5%, or 5 times higher than the general population

 

The suppression of this fact which is material to marriage may be a ground for seeking annulment of marriage.

Sine it is ls than one year from marriage, you better collect the evidences for establishing the facts and file an annulment petition seeking to annul the marriage.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

You have to prove material suppression of facts by your wife 

 

2) if you are able to prove she has suppressed facts about her skin disease at time of marriage court can pass orders fir anullment of marriage 

 

3) if you are unable to prove petition would be dismissed 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. Go for annulment. 

2. Ground is that she suppressed a fact, not that it can be tattooed or not.

3. Case is different for everyone 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. It depends on how strongly you present your argument to convince court with the facts of the case as well as nature of this disease. 

This is an incurable and infectious disease,  hence the fact which is material for marriage has been suppressed,  therefore annulment case can be filed. 

2. All these cannot deny the affliction of the disease. 

3. You don't stretch your imagination and get into a negative approach even before initiating any legal step.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Your annulment can only succeed if the said disease sexually transmitted diseas and you were kept ignorant about it by them

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

A facial disfigurement in the form of a white patch vitiligo which was hidden from you can be a ground of divorce as they didn't tell you about it or your decision must have been changed. Divorce  on grounds of Material facts relating to the wife were hidden.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

The question is not whether children will get it or not. The question is whether you had married her if they told this before marriage.

If the answer is no then you have a case.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

You have asked question whether VITILIGO is a ground for divorce or annulment?

I have answered NO.

You have cited case reference,

Please discuss entire case ,facts and ground and compare your question. You would get definite answer.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

1. Yes. It can be considered as a considerable and materialistic fact. But you'll have to prove that it was concealed at the time of marriage.  The reason why use "can" is because these are debatable issues and a lot depends on evidences and arguments in the court. 

2. This defence can be used by her but you can counter it by stating that there is a possibility of children getting it. 

3. The plea for annulment was rejected in Rajinder Kalsi's case because the husband failed to prove that his consent at the time of marriage was obtained by concealing true facts.

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

- The Supreme Court has already declared that the Leprosy type of decease is not a ground for divorce. 

- Hence , once cannot get divorce on this ground , and also as this visible then concealment of facts also not accepted . 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Vitiligo is easily visible and neither it is contagious. How can you claim, she conceal it ?

This cannot be material ground to file divorce.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. Vitiligo is not a ground recognized under H.M.A for divorce.

2. Proof will not matter because it is not a ground for divorce or annulment.

3. It can be treated if it is not spreading i personally known some people who are cured.

4. Your petition for divorce or annulment will be dismissed if you take vitiligo as ground.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Vitiligo is not a ground recognized under H.M.A for divorce. 

There could be a little chance if you go for the annulment u/s 12 (1) 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Dear querist, 

Yes, it can be a valid ground of divorce as it is a concealment of the disease which is incurable and can be considered by the court as the ground of fraud and divorce can be granted on this sole ground. The judgment your referred in your query runs on the single issue which is framed by the court as whether the consent as to the disease was given by the petitioner before the marriage or not. Therefore, that's the difference case altogether and the facts and circumstances along with the proving the 'consent' will be different in your case. 

 

The issue that is to be framed in the court is, not whether vitiligo is a incurable and veneral disease and is communicable or not, but whether the petitioner was cognizant of the fact as to the disease before the marriage or not? whether the consent was given or not? whether it will amount to concealment and fraud or not? 

 

Prima faciely, divorce can be granted on these grounds as you are taking your case to a different tangent. 

In case you seek my assistance in the matter , i can be contacted here or on google at 

https://g.page/advocate-yuganshu-sharma-sys-la?share

 

Regards,

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer