Medical problem in married life

This is no ground for divorce.

Dear Ujvala

There is a provision U/s-13(v) of Hindu Marriage act, that either party of the marriage can file a petition for disolution of marriage (divorce) on the ground that if the other has been suffering from venereal disease in a communicable form.

Now the question is whether or not "hemophilia" is considered as a venereal disease which is in a communicable form. You should called on a local lawyer for detail discussion. Also note that the burden of proving the allegation that "hemophilia" is a venereal disease in communicable form lies on the person who files the petition. So its very difficult for the husband to established his case on this ground to get the marriage dissolved.

Hemophilia is not a communicable disease and it can be stayed risk free with modern medication.This is not a ground of divorce.

But your friend should reveal that fact before marriage as they knew they have that disorder in theit family.This aounts to fraud and creates a way to divorce.

1. Baby Boy or not is not what Court wants to hear when deciding Petition for Divorce based on facts in your post. These are generic women talks.

2. The grounds that he can take is “fraud – suppression of facts” to dissolve their marriage like if he had known them earlier he would not have said yes to this marriage. However even post divorce he can't wash his hands from rights of the minor born out of such wedlock.  

3. Hemophilia based divorce is not un-common in Indian legal context. Umpteen case laws to such fact exists showing fraud in marriage / suppression of facts resulting into divorce of couples. Infact based on such grave freak of nature many NGO's formed in various metro cities by divorcees suffering with Hemophilia just to spread its awareness and for pushing grants for its medical research.

Unfortunate as so it may sound but it is true that if he wants then tagging a seasoned lawyer to his case he can easily get divorce on raised material facts.

4. Fetus gender testing is banned in India and he cannot get one done legally as placed by women talks above in your post. Without divorce his second marriage is void in eyes of Law. His first wife can always sue him for bigamy.

Reasonable suggestion would be to engage them in mutual respect parting ways by giving and taking reasonable monetary security for self / minor child and carry forward in life instead of spending years in corridors of Courts. Fix a neutral mediator among this couple and let this mediator show concern and make them part ways in right spirits in their best interest.

I disagree to Bhawani and cue him that quite often educated people in society do quite often place miss interpretations and equate such interpretations with legalities justifying vague grounds of VD vis-à-vis Hemophilia which should be avoided in legal portals for the benefit of queriest least such misinformation gets conveyed wrongly.

Thank you very much for your reply sir,

 Here all the problem is the unability to give a healthy baby boy.

And my friend doesnot know that she is a carrier and the disorder of his bother is geneticbefore her marriage,after she got pregnency only all the members of her family happened to check in rayavellore for conforming their disease. if she knews that she wouldnt marry to anybody.

  Though she is a carrier, she still can deliver a healthy baby boy but it has 25% probability. And as my friends husband cant take the risk, he is pleading and sometimes ordering my friend to agree for second marriage. As she is not saying ok , he is not taking her to his house( still she is staying in her mothers house only). And when there is a meeting with parents of both the parties , he raised the topic and asked permission for second marriage in front of everybody. Since his own parents(only mother, father expired recently with cancer) are not agreeing for either divorce or second marriage he is taking too much sleeping pills. so sometimes he is thinking generously, but some other times by the influence of his sister he is beating the same question , he is now asking my friend to stay with him along with his would b second wife. He wants a boy to take care of himself in his olden days itseems,(he is repeating the same for many times). So he wants to get a boy of his own at any cost.(as he earns 90k per month , he is thinking that i am just 32 year young male, and y should nt i face the problem of lack of baby boy)

                         How to react with this person? How to change his opinion?