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Divorce under Hindu Law if spouse has a neaurogenetic disease


15-Sep-2023 (In Divorce Law)
My self Mr.X [Age]41yrs. living in pimpri, pune. Occupation Private Service. Religion : Hindu [Spouse] Mrs.Y [Age40yrs] housewife.Detected [Huntington's Disease on 24th Dec 2013][No cure for this disease as Neaurogenetic disease. Still research is going on. DaughterMiss.M[Age 13yrs] studying in class VIIIth. Date of Marriage : 12 Dec 1999. Marriage Certificate : No Its very difficult to balance my personal and official life. I don’t have any personal life since twelve years. My Questions : Understanding this situation can i get divorce? If yes how long it will take? Do i have to pay anything to my spouse monthly? What will be the amount? Can I get legal custody of my daughter so that I can take care of her. Or after getting divorce how fast I can remarry legally? Do I have to take consent of my daughter?
Answers (5)

Answer #1
508 votes
You can go for Mutual Consent Divorce if she agrees.
Else you can file for Divorce on medical ground.
You will have to either take custody of child or pay expenses for the child.
If your in-laws agrees then they can take care if your wife after Divorce and you can pay for expenses.
It may take time depending on what type of petition is being filed.
After getting the Divorce you can marry legally.
Answer #2
623 votes
you can file proceedings for divorce and get divorce from the court in a year also .....maybe you will have to pay maintenance for the wife if she files or anyone on her behalf files a suit for maintenance against you. permission of your daughter is not necessary and you can marry immediately after you get a divorce from the court and looking at the disability of your wife you can surely get custody of your daughter hopes this answers all your questions please contact your local lawyer for further advice
Answer #3
994 votes
Hi
The impact of the disease on your life and your daughter will be considered before the court.
If the disease is not if serious nature then you will not get divorce.
If you get divorce then it is also obvious that you will get custody of daughter.
Contact for detailed advice.
Answer #4
597 votes
hi sir, we have been through your query and yes you can take a divorce from your wife under 13b mutual consent which is under section of Hindu Marraige act and for information in whole please contact us for alol the details!
Answer #5
583 votes
Dear client u can ask divorce on the ground of disease. U can also clsim custody of daughter. U have to pay monthly maintenance to yr wife as per yr monthly income. After getting divorce u can marry after 90 days from divorce order. For any legal help call me

Adv prasad patil

Pune

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.

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