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Wife had diabetes before marriage, hidden this fact now wants divorce


22-Nov-2023 (In Divorce Law)
I am a hindu person and my marriage took place on May 2017. After one n half month i came to know that my wife has diabetes (type 1 sugar) and she's taking insulin injections. Her doctor said her sugar level is just Increased n she will become normal after 2 months. But after 2 months period she's still taking insulin injections n now she's taking tablets on nerv system. Her behavior is also became weird n angry. I can't tolerate her now and my family members are frustrating because of her behavior. Our family doctor said she may had diabetes before marriage. So my question is.... Can I file for divorce as 6 months are completing to my marriage?
Answers (3)

Answer #1
804 votes
yes you can file for divorce under mutual consent. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce, there is differences in their temperament and is impossible to live together as a husband and wife.
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Advocate Sudha Mane

Adv. Sudha Mane

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Answer #2
564 votes
hiii... as per the procedure of hindu marrige act u can't not file divorce petition before one year of judicial separation.... but what about ur wife decision what she say. are she is ready to do divorce???? here so many questions I have so call me....
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Advocate Amol Bhujbal Balasaheb

Adv. Amol Bhujbal Balasaheb

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Answer #3
977 votes
If you want to file for Divorce, you cannot do so before completing one year of the marriage. Before one year, you can only file a nullity Petition on the ground that your consent to the marriage was obtained by fraud or misrepresentation. But simpliciter on the ground of her diabetes having been hidden, i am not sure of how successful you would be as Diabetes is not a major or grave illness per se. I am not aware how your relationship is otherwise but i would advise you to consider working on your marriage as this issue is something which can be handled.
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Advocate Radhika Mehta

Adv. Radhika Mehta

LawRatoMumbai | 25+ Answers
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