Is epilepsy still a ground for divorce under Hindu Marriage Act?


Is it necessary or advisable to file cases u/s 24, 25 ,125 & 498 A of the Hindu Marriage Act to protect oneself? A case against whom has been filed u/s 12 of the Hindu Marriage Act on the grounds of epilepsy & non disclosure of the same.

As far as we have referred, Section 5 of the Hindu Marriage Act has been amended since December 2009 & now no divorce is allowed on the ground of epilepsy.

Secondly, non declaration of such so alleged illness also does not provide ground for filing a case for divorce under any section of the act. An early response is awaited.

Answers (1)


435 votes

Section 24, 25 and Section 125 Crpc is an application for maintenance and Section 498 A is a criminal complaint for domestic violence against the in laws and the husband. If you intend to seek maintenance from your husband, then you should file a case under the above mentioned section. 

Further, if actually you have suffered domestic violence, i.e. physical and mental cruelty then you should file a criminal complaint.

Furthermore, unless we know the complete facts, we will not be able to provide the exact legal solution. Hence please provide complete facts.


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