suffering from a disease be a ground of Divorce?

i m suffering from rheumatoid arthritis can this be the ground for Divorce. and can the custody of my child go to my husband on this ground?

Answers (3)

206 votes

rheumatoid arthritis is not a incurable disease to seek divorce. the form specified under the act is "has been suffering from a virulent and incurable form of leprosy or has been suffering from venereal disease in a communicable form", only this could be a ground for divorce.
as regards custody of the child, if the child is a minor then the custody will remain with the mother only, later on the husband can seek custody if the mother is suffering from some form of incurable diseases and not rheumatoid arthritis and on the ground of financial incapacity

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

304 votes

Hi, the disease you have suffered is incurable then only it is ground for divorce, now days allmost all diseases are incurable so based on this they can't claim divorce.

For getting custody of the child the court will only look into the welfare of the child.

Popular Divorce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
21 years Experience
89 votes

Any disease in communicable in nature is a ground as far as your equerry it depends upon the degree of performance of duty of partner it depends upon taking so many circumstances of case
Custody also dependent on taking care for uplifting of child in best manner is weighed not on blind note

Report abuse?

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles