suffering from a disease be a ground of Divorce?
i m suffering from rheumatoid arthritis can this be the ground for Divorce. and can the custody of my child go to my husband on this ground?
Any disease in communicable in nature is a ground as far as your equerry it depends upon the degree of performance of duty of partner it depends upon taking so many circumstances of case
Custody also dependent on taking care for uplifting of child in best manner is weighed not on blind note
Advocate Gagan M RKG Koppal, Mysore
Hi, the disease you have suffered is incurable then only it is ground for divorce, now days allmost all diseases are incurable so based on this they can't claim divorce.
For getting custody of the child the court will only look into the welfare of the child.
Advocate Pradeep BharathipuraRajajinagar, Bangalore
rheumatoid arthritis is not a incurable disease to seek divorce. the form specified under the act is "has been suffering from a virulent and incurable form of leprosy or has been suffering from venereal disease in a communicable form", only this could be a ground for divorce.
as regards custody of the child, if the child is a minor then the custody will remain with the mother only, later on the husband can seek custody if the mother is suffering from some form of incurable diseases and not rheumatoid arthritis and on the ground of financial incapacity
Advocate Kiran N MurthyIndiranagar, Bangalore
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