Legal procedure for divorce as wife suffering from hepatitis-B
05-Feb-2023 (In Divorce Law)
Hai sir.....Gudmrng..... I'm married in 2015 may 10 she has hepatitis B and it's chronic Hepatitis-B disease and very fastly transmitting disease through sexually and it also known to me within 2months after marriage and doctor said she is suffering vth chronic hepatitis-B and it's chronicle they agreed for divorce they also taken her to their house after 3 moths of marriage and now they were blackmailing me That they are going to file 498a case against me and my family if we won't take her to my house.......wat shud I do sir
Dear,
Please note that every communicable disease does not afford a spouse a ground for divorce under the Hindu Marriage Act. A person could seek divorce in case the partner is suffering from a virulent and incurable form of leprosy or venereal disease in communicable form. Hepatitis B is curable and is not medically certified 'Venereal Disease', therefore, it cannot be interpreted as being covered under the Hindu Marriage Act. Now it is you who have to decide whether to live with your life or to end the marriage. If you want to live with her, bring her back and avoid being entangled in criminal cases. However, if you want to get rid of her, file for divorce under desertion ground as more than 2 and half years have been passed since she left you. Your wife might file a complaint against you in the police station and try to put pressure on the police to register FIR under section 498A IPC . However, since she has left you just after 3 months of marriage, the police might find it difficult to register the FIR. If at all, the police registers FIR, take anticipatory bail and later contest the case in the trial court.
Please note that every communicable disease does not afford a spouse a ground for divorce under the Hindu Marriage Act. A person could seek divorce in case the partner is suffering from a virulent and incurable form of leprosy or venereal disease in communicable form. Hepatitis B is curable and is not medically certified 'Venereal Disease', therefore, it cannot be interpreted as being covered under the Hindu Marriage Act. Now it is you who have to decide whether to live with your life or to end the marriage. If you want to live with her, bring her back and avoid being entangled in criminal cases. However, if you want to get rid of her, file for divorce under desertion ground as more than 2 and half years have been passed since she left you. Your wife might file a complaint against you in the police station and try to put pressure on the police to register FIR under section 498A IPC . However, since she has left you just after 3 months of marriage, the police might find it difficult to register the FIR. If at all, the police registers FIR, take anticipatory bail and later contest the case in the trial court.
Hello Sir,
Originally it is not that much danger decease which cannot be curable, it can be curable if provided good medical treatment. Coming to the point, if they are willing to file a case against you, they can file, no issues, you can contest and prove your bonafidies. Dont worry
Originally it is not that much danger decease which cannot be curable, it can be curable if provided good medical treatment. Coming to the point, if they are willing to file a case against you, they can file, no issues, you can contest and prove your bonafidies. Dont worry
Hi
Though Hepatitis B is a communicable disease , unfortunately it is not medically certified as venereal disease by parliament.
Hence as per law, claiming divorce on the grounds that your wife is affected with Hepatitis B will not be allowed by the court.
please refer to supreme court of india judgment Civil Original Jurisdiction Transfer Petition (civil) 702 of 2015 dated 02 December 2015 and various other high court orders which has categorically declined to permit divorce on the ground of wife suffering from Hepatitis B. Instead the courts have said Husband should take care of the ill wife as Hepatitis B is not classified as Venereal Disease either by Medical council of india(and the world) and parliament.
Though Hepatitis B is a communicable disease , unfortunately it is not medically certified as venereal disease by parliament.
Hence as per law, claiming divorce on the grounds that your wife is affected with Hepatitis B will not be allowed by the court.
please refer to supreme court of india judgment Civil Original Jurisdiction Transfer Petition (civil) 702 of 2015 dated 02 December 2015 and various other high court orders which has categorically declined to permit divorce on the ground of wife suffering from Hepatitis B. Instead the courts have said Husband should take care of the ill wife as Hepatitis B is not classified as Venereal Disease either by Medical council of india(and the world) and parliament.
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