Alimony rule in case if wife has hidden her incurable medical disease

960 votes

If Wife has hidden incurable Medication condition from you before getting married with you, then, you on the basis of this, you can file a Petition for Nullity and as such, on proving your ground of Nullity, she will not be able to get Alimony.

Advocate Pankaj Bajaj LawRato

669 votes

Dear client based on your question, If your wife is concealed with the medical condition of Psoriasis before marriage, can be the grounds for divorce. However she can claim for maintenance alimony under section 125 CrPC. For detailed discussion feel free to connect with us.

Advocate Kalpana Sanap LawRato

714 votes

If wife hid her incurable medical condition prior to marriage and now it have come to you attention then you have can move for divorce. However, you will have to take some precautions for property before starting the process. You can contact me so I can guide you

Advocate Keyur Kulkarni LawRato

793 votes

1. Effect of hiding an incurable medical condition before marriage Relevant provision – Under the Hindu Marriage Act, 1955 (Section 13(1)(v)) and similar provisions in other personal laws, a marriage can be dissolved if the other party was suffering from a venereal disease in a communicable form or from a condition making cohabitation unsafe, and in some contexts, if there was concealment of material facts amounting to fraud (Section 12 – Nullity). Psoriasis is not classified as a venereal disease, but if it is severe, incurable, and impacts marital life, you could plead fraud / misrepresentation under Section 12(1)(c) (concealment of material fact about health before marriage). If the court accepts nullity (annulment) instead of divorce, maintenance rights for the wife are more restricted. --- 2. Claim for alimony (maintenance) Even if divorce is granted on grounds of concealment, the wife can still claim maintenance under: Section 25, Hindu Marriage Act – Permanent alimony Section 125, CrPC – Maintenance for wife unable to maintain herself DV Act, 2005 – Right to residence / monetary relief However, the court may consider her conduct (fraud / suppression of illness) while determining the amount. Fraud does not automatically bar her from alimony, but it can reduce or even deny it in some cases. --- 3. Claim over the residential flat Title of property matters – If the flat is registered in the joint names of you and your mother, it is not part of “marital property” under Indian law (India has no community property concept like in some countries). A wife cannot claim ownership share in property that: Is in your mother’s name, or Was solely acquired by you before marriage, unless she proves contribution. However, under the Domestic Violence Act, she could claim a right of residence in the shared household during marriage — but that is only a right to stay, not ownership.

Advocate Vivek Vilas Sable LawRato

592 votes

Well, you can file for the Decree of Nullity to get your marriage declared as null and void. If you will go for it and succeed in it, your wife may not be able to claim alimony, maintenance and other benefits because of the facts suppressed by her relating to her incurable disease before marrying with you.

Advocate Pankaj Bajaj LawRato