LawRato

Can i take divorce on the basis of medical grounds


11-Apr-2023 (In Divorce Law)
I , belong to Sikh religion, was married last year. Reports of my husband show that he's not medically fit and also patient of depression and severe diabetes from childhood.Now he is on insulin pump. His behavior changed after six months of marriage. My husband and his mother remained very cruel with me. Infact My in-laws hide the truth of disease of my husband from us. After marriage, he mostly shouted at me without any reason and throw things on me and misbehaved with me. Due to this drastic change in his behavior ( bcoz of depression), I felt my life was in danger. So after one year of marriage I live with my parents. We tried for mutual consent also but they donot want to give us marriage expenses and my things back. Now please tell me that on what ground I will take divorce. Can it be on medical ground or cruelty? Can my husband has to give me alumani as I have govt. Job but my salary came after 6 months? How can I take our marriage expenditure and things back from them?
Answers (3)

Answer #1
888 votes
Mam
You can file a divorce petition under section 13 Hindu marriage act on the grounds of cruelty and concealment. Mam u can also file a complaint of domestic violence against your husband as well. Though u Cannot claims it through 125 crpc as u are working.

Answer #2
568 votes
Hello
You can file divorce on ground of cruelty even you can lodge criminal complaint against your inlaws regrding cruelty and with regards to demand.you did not describe in your query about what your husband is doing
Answer #3
532 votes
As per your situation you can file divorce petition on both the grounds as both covered under the provisions of section 13 (1) a of Hindu Marriage Act 1955 i.e. cruelty the recognized ground of divorce. Physical as well as mental incapacity of husband which denotes his incapability to perform marital physical relations is acute form of cruelty and is the best ground of divorce. You can file case of 498-A , 406 IPC and in addition to that a case of return the dowry articles or recovery of cash in lieu of dowry article given at the time of marriage to the bridegroom and his relatives.

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."