Legal Question in Family Law in India

deases before marriage

I had Koch's Abdomen i.e. Tuberculosis of intestine before marriage. i was cured & all my medical reports were normal.I married after 4 years. I am now again suffering from tuberculosis and my phallopian tubes are damaged due to it. It seems that the T.B. infection has recurred due to the sick atmosphere of matrimonial home. But My husband wants to divorce me stating that I did not disclose the inability to concieve prior to marriage and that is a fraud to him. What help and suggestions can you give me to continue with the marriage bond.

''THERE WAS NO PROBLEM IN THE HUSBAND WIFE RELATIONSHIP''


Asked on 11/12/06, 6:37 am

3 Answers from Attorneys

D. M. Bhalla D.M LAW CHAMBER

Re: deases before marriage

The point of main concern is what is your intention now? If you do not want to give him divorce, you can assert your case basing upon the medical record retained by you and referred in your question. You can assert your husband having knowledge about your ailment and the treatment that led to your perfect health. You must have started your treatment in your inlaw house. The diagnosis done by your doctors after marriage would reveal the initial redevelopment of your ailment. This would be sufficient for you to prove your case in court.

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Answered on 11/12/06, 11:51 am

Re: deases before marriage

madam,

you requre the assistance of a competent lawyer.Concealment of anymaterial fact at the time of marriage ammount to fraud and U/s 12 & 13 HMAct annulment of marriage and divorce on this ground can be sought but in your case I donot find any such fraud as on date of marriage you were not suffering from any dicease and this fact is confirmed byyour medical reports.you contest the case to rebut the contention of your husband.youand yourhusband can take the child in adoption.Relying on your facts No ground of divorce is available to your husband.

in case of any other query/assistance cal on 9873343288(delhi)

thanks.

siddharth

9873343288

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Answered on 11/15/06, 12:30 am
sheena VC legalalia

Re: deases before marriage

I think you both need to attend some marital problems counseling programme and also seek some advanced medical help for your condition.

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Answered on 11/12/06, 8:01 pm


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