Epilepsy
minsal
(Querist) 13 June 2016
This query is : Resolved
Dear experts,
wife is suffer with the problem of Epilepsy since childhood. At the time of marriage neither the husband nor his parents were informed about the same. within a year of the marriage wife became pregnant and had some complications. during medical checkup the doctor asked about the history and the details of treatment taken for problem of Epilepsy but wife and her parents avoid to provide the papers. due to such problem of not providing the details of the treatment taken for the Epilepsy all most all the private medical practitioner refused to provide the treatment hence wife was admitted in government hospital wherein also the doctors asked rather forced the wife to provide the case papers of the treatment of Epilepsy hence she submitted the same before the doctor.At that time the husband very first time aware that since the childhood his wife is suffered with Epilepsy.
After the delivery the doctor advised not to go for second child. But after about two years the wife again became pregnant and she had hide the said fact from her husband for about more than four months. again after certain complications she gave birth to a child but after second delivery she often visited at her parents house and now since last about more than three years she resided at her parents house.
my query is that can a husband file a divorce on the ground of separation or can he file a a petition for declaration of his marriage as null and void as at the time of marriage he was not informed by the wife or her parents about the Epilepsy problem. How can he prove the same.
Dear experts kindly guide me.
Thanks in advance.
Guest
(Expert) 13 June 2016
Epilepsy alone can not be taken as ground for divorce now after various amendments done in various Acts. The approach is now medically different as compared before 1970's
Second thing I remembered my cousin interview on TV where she was discussing such illness before marriage and Post marriage for women.
Real Problem according to her is that the disease like Epilepsy and other diseases can be substantially controlled with medicine but women hide and then they make the case complicated .
It is in interest of women and in law and all around her to give proper medicine and keep things under control.
There are some form of Epilepsy which are not controllable via medicine and they in rare case require Surgical intervention too.
Now only because person if don't take medicine in time and have problem that is like creating artificial cause and getting rid of that person.
It will be better regular medicine from Neurologist is taken and matter is brought under control and then thought over.
Generally I avoid matrimonial matters but this I could not because close relative from Neuro surgical field and I have seen such cases as routine so I generally don't feel it as big the way others feel. It is normal thing.
Kumar Doab
(Expert) 13 June 2016
Epilepsy like any other disease is curable by oral medication or surgical intervention.
Epilepsy is not ground for divorce.
". According to Section 13 of the Hindu Marriage Act, act of cruelty can afford a ground of divorce or judicial separation provided such cruelty is committed by one of the spouses after the solemnization of marriage. Therefore, if before marriage, fact of epilepsy was concealed, even if we assume such concealment to be cruelty for the sake of argument, the same having been committed before marriage, cannot enable a party to get a decree for divorce or judicial separation. "
It might not be possible to prove; 'incurably of unsound mind'.
It might also not be possible to prove that she has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably by expected to live with you.
You may check if you can prove: Epileptic insanity is a sign of unsoundness of mind, in HER case.
AS far as separation is concerned can you prove it, in your favor?
You may wait for the advise of experts.
minsal
(Querist) 13 June 2016
Thank you dear experts for your valuable guidance BUT the fact is that...
The husband does not have any detail about Epilepsy of his wife. She is completely under the control of her mother and under the influence of her mother she left her child and matrimonial home Since last about three years and staying with her mother and now suddenly approaching various NGO and police authority and filing false complaint. Can't it be a good ground of divorce?
Guest
(Expert) 13 June 2016
See remaining situation you can discuss with various adv. in forum and take suitable steps as per your own discretion regarding it.
Case can be made out from other angle , but don't concentrate on Epilepsy alone because in many acts Epilepsy was removed after amendment few years back .
Bye
Rajendra K Goyal
(Expert) 14 June 2016
Epilepsy is no ground of divorce or declaring marriage null and void.
Now since she is mother of two children, husband should try to cooperate and save the marriage in the interest of all.
He should take help of relatives and common family friends to bring her and live together.
Well settled life would also help her in improvement in the decease.
Kumar Doab
(Expert) 14 June 2016
Try to save the marriage and family.
Imagine for a moment if husband and even child(ren) suffered from Epilepsy!
You have posted:
>>> ---In your first post that:
"due to such problem of not providing the details of the treatment taken for the Epilepsy all most all the private medical practitioner refused to provide the treatment hence wife was admitted in government hospital wherein also the doctors asked rather forced the wife to provide the case papers of the treatment of Epilepsy hence she submitted the same before the doctor.At that time the husband very first time aware that since the childhood his wife is suffered with Epilepsy. "
In your last post: "The husband does not have any detail about Epilepsy of his wife."
Both are contradictory!
You are also shying away from 'Epileptic insanity.'
In any case you have been provided with inputs e.g;
Calcutta High Court
Piyali Halder vs Rathin Kumar Halder on 17 June, 2005
https://indiankanoon.org/doc/1706890/
12. According to Section 13 of the Hindu Marriage Act, act of cruelty can afford a ground of divorce or judicial separation provided such cruelty is committed by one of the spouses after the solemnization of marriage. Therefore, if before marriage, fact of epilepsy was concealed, even if we assume such concealment to be cruelty for the sake of argument, the same having been committed before marriage, cannot enable a party to get a decree for divorce or judicial separation.
The legislature has during the pendency pf this appeal amended Section 5 of the Hindu Marriage Act by making it clear that epilepsy will not be a disqualification of valid marriage. Such being the position, today we cannot grant a decree for declaration that the marriage was a nullity when during the pendency of the present proceedings epilepsy has been deleted from the mischief of Section 5 of the Act.
Central Government Act
Section 5 in The Hindu Marriage Act, 1955
5 Conditions for a Hindu marriage.
(v) (ii)…….. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life
>>> "now since last about more than three years she resided at her parents house."
"she left her child and matrimonial home Since last about three years and staying with her mother"
You are hinting at cruelty, Desertion, separation etc.......
"now suddenly approaching various NGO and police authority and filing false complaint."
Have you got the copies of complaints?
Have you replied?
Before you jump to act on your own it shall certainly be appropriate to show all docs and material on record to a very able counsel and be properly informed of options, merits in each option and implications.
You need to weight all pros and cons.
You need to apply your own judgment.
