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.

Answer

 

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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