LawRato

Can husband seek divorce due to concealed Neurofibromatosis


25-Jan-2023 (In Divorce Law)
The couple got married in 2006(arranged marriage).The boy noticed skin anomalies and was told that its just freckles. After the wedding, several pea-sized tumors were discovered all over the girl's body. A doctor informed the boy that she is suffering from NEUROFIBROMATOSIS. Unable to enjoy physical togetherness. the couple went for IUI treatment and a daughter was born in 2009. The disease has progressively increased and the medical expenses are very heavy. The husband wishes to amicably end the marriage but the wife and in-laws are threatening to defame the boy etc and refusing a divorce. 1. If the wife refuses a mutual divorce, can a court grant the man a DIV if he files ? 2. How much Alimony/Child Support will he have to pay if he wants a one-time-settlement (eg. 50% of net worth) 3. How long can this DIV case drag if the wife refuses Divorce by Mutual Consent ? Note - Hindu Couple,Husband supports widowed Mother-in-law financially,Wife is non-earning, 1 daughter,
Answers (5)

Answer #1
902 votes
App hindu marriage act k under divorce file kr skte ho
Bezos apko marriage se phele girl ki bimari ka disclose nhi kiyaor cruelty and deserstion k behalf pr bhi ap case file kr skte h.agr apke pass evievidence h .
Answer #2
699 votes
Yes the husband can give a divorce if it is a venereal or communicable disease. The wife will be entitled to maintenance and alimony which will be either 50 percent of his income or atleast 1/3rd. If the wife does not want to take mutual divorce then she can also contest the same.
Answer #3
759 votes
Husband can seek divorce on the ground of concealment of material facts regarding the health of the wife.
Regarding the alimony it's for the parties how strongly they bargain about the same. The court at the time of decision of the case can grant alimony on the basis of income and net worth of the husband. Of course the husband has to spare a share for the child and the court will order according to the standard of living and after considering various factors like dependents, expenses, income, status etc.
Answer #4
716 votes
Sir / mam we can file the divorce on the basis of her medical condition..what we will have to proof that her medical condition was concealed during marriage..the alimony depends upon the mutual understanding.. The divorce petition can take 12 to 18 months till its final decision
Answer #5
1000 votes
Mutual Separation is a shorter and less cumbersome process where both the parties can mutually agree on terms of settlement and present before the court. In the present set of facts, getting a divorce order in your favor is well possible. All the facts and circumstances have to be properly presented with evidence.
Answers to Specific Questions above:
1. Yes 2. Parties Can Mutually Agree OR As per court direction, amount that is realistically required by other party ( to be decided by the court analyzing the facts and data carefully and still to make it within your means), 3. Two years or so, in case of a non-mutual process.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."