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Divorce on the basis of a Undisclosed Incurable Disease
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Hi My wife filed 498a, 420 and dvc in her home town in Telangana. I filed divorce in the same court in Telangana. Me and my wife both work in Bengaluru we had a son so i filed custody petition for my son in Bengaluru Karnataka. After 2 years fight she come for settlement saying she doesn’t want any money to that I have to lose my son. We both agreed. Now they are asking me file quash petition for 498a and 420 in Telangana high court. Meanwhile, we will file for mutual divorce petition 13b in Bangalore. After settlement agreement, my wife is ready to give compromise letter for 498a, 420 that I need to submit it in Telangana High court..later, once mutual divorce order is passed in Bangalore, i will receive the judgement copy. I need to submit judgement copy in front of Telangana high court for 498a and 420 quash petition. Is this procedure correct? What precautions need to take while mutual agreement, mutual divorce, compromise later for 420 498a ? Please suggest.
Intending to seek divorce and maintenance for child
Mental Harassment by husband and in laws
Mutual divorce completed but not withdrawn DVC and 498A?
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Answer ( 1 )
In the fact situation as mentioned by you, there are two options available to you.
if your marriage is not old, then you may file for nullity of the marriage citing that the consent for the marriage was obtained after playing fraud as the husband is suffering from incurable disease.
further, if the marriage is old, then the disease being genetic and incurable, you can file for divorce on this ground itself because this is recognised as a valid ground for divorce in India. for that, you have to file a divorce petition before the concerned family court of your area where you live and then proceed further.