Divorce on the basis of a Undisclosed Incurable Disease

Question

I got married last year as per the Hindu rights. My husband suffers from incurable disease ‘Sickle Cell Anemia’ since before marriage. He didn’t disclose the information before marriage and has been abusive with me and my family since then. This disease is genetic and there is a high chance that it could spread to the next generation. I am finding it hard to live with him. How I can apply the petition for divorce?

Answer ( 1 )

    0
    2020-03-31T11:52:34+05:30

    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.

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