Legal Question in Family Law in India
My brother's wife was operated for Breast Tumor before marriage but it was not told to us during mariage.My brother feels cheated as operated breast is of very small size.Does this come under hiding of facts under Hindu Marriage Act?Can we file case of cheating against them?Can he take divorce on this ground?Do we still have to pay alimony?
3 Answers from Attorneys
your brother may file a petition for annulment of marriage on this ground and get the marriage declared as null and void.
no your brother cannot file any petition or filing a cheating case, no this is not a ground of divorce.
I agree with Prof Mukherjee. This is no ground for divorce. All details of pre-marriage health problems are NOT required to be even discussed for marriage purposes. ONLY an incurable disease could be a ground for annulment of marriage.
Even a mention of this problem to the girl or her family may constitute 'cruelty' on your part and the husband may suffer criminal prosecution leading to a possible jail term. You may be liable to may not only alimony but also damages/compensation under D.V.A.
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