Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vinay (supervisior)     19 February 2012

Advice on divorce on medical grounds

hi,

I am, Vinay, i got married in the year 2006 and  in the year 2010 January i got traced by CANCER and i resigned my  job and went for treatment and it was for 4 months and during that period my wife got joined injob and left home and start staying with her parents along with my daughter and they thought i cannot be get cured by my discease and when i returned after my treatment she refused to come back and after that i lost my daughter due to brain fever.  Since 2010 April she was not staying with me. I require divorce and she was not willing togive divorce and at same time she also dosnt want to stay with me.   Now , can i get divorce on my medical grounds ? 



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 February 2012

No.

Roshni B.. (For justice and dignity)     19 February 2012

u may get it on grounds of mental cruelty and desertion.she deserted u as u got cancer but she dint stand by u at that time.this is inhuman aspect of her.

Tajobsindia (Senior Partner )     19 February 2012

@ Author

I disagree to cryptic reply of ld. Adv.


I agree to crisp take by next female writer to this brief.

Adding to where this enquiry is last replied all that you need to re-collect are/is;

- Did you send a note / sms / leter / tel. call / via your men and or agent to your wife to help you during your hospitalisation?
- Did you send a note / sms / leter / tel. call / via your men and or agent to your wife to rejoin matrimonial home post treatment?

- Were you allowed to attend funeral of your only child?


You have to prove just one ground under mental cruelties and even by witness statement such ground can be proved well and then unfortunately in presented case divorce based on mental cruelties is all yours. Unfortunate bze marriages with serious medical issues of either spouse and child in-between are not supposed to end like that.


But yes it is mental cruelties of highest standard I will add to seek divorce decree.

vinay (supervisior)     19 February 2012

yes , from the day  1of my diagnosis went her parents were along with me and they visited only once when i was under treatment.

They allowed me for my daughter funeral.

i , my self went and requested to get rejoin with me after my daughters death and she refused to stay with me further. 

She is not willing to give divorce and at same time she is also not interested to live along with me.


(Guest)

Its very sad that you lost your daughter due to fever and currently your health concern i.e, cancer.:(

Your wife is not interested to live with you because of your health problems then why she is not willing to give divorce ?Just find the reason.

You can get divorce  on grounds of mental cruelty as advised by Roshni B .





Adv Archana Deshmukh (Practicing Advocate)     19 February 2012

@Vinay

Yes, the above opinions are correct.

Divorce cannot be sought on medical grounds like cancer but however if the other spouse neglects or does not take care for the ill spouse then it does cause mental cruelty and is surely a ground for mental cruelty. For desertion 2 years of desertion should be there before the filing of petition but as for now the ground of mental cruelty is available to you.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 February 2012

But it is as good as divorce, what will be  thereafter.


(Guest)
Originally posted by :JSDN -advocate DEFENSE
"
But it is as good as divorce, what will be  thereafter.
"

remarriage.you can't imagine this.?.how did you become lawyer?


(Guest)

 

All sympathies with you. And congratulation to you as you recovered from cancer. My mother died due to cancer after battling for 3 years. I was his only son. I was unmarried that time, so cannot say about wife’s behavior, how she reacted, if she had to do ‘seva’ of her MIL.  But your so called wife is demon. She is only interested for your insurance money and property. She should be prosecuted for murdering your daughter.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register