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Vicky (Engg)     20 March 2014

Cases for hiding disease/disorder to husband

Hi Team,
I want to know whether I can file any cases against my wife.
She hide the fact that she got cervical spondylosis before marriage. I have got a mail forwarded by her to me from her local doctor where he shared the cervical spondylosis exercises which dates before marriage. And after marriage I have took her to private hospital where I have taken for different tests and also got doctor reports.
Please let me know which cases I can file against her.


 15 Replies

Kapil Gupta (Advocate)     20 March 2014

Yes, you can file the annulment of marriage due to concealment of facts.
2 Like

Dr J C Vashista (Advocate)     21 March 2014

I respectfully disagree with Mr. Kapil Gupta, Advocate. Cervical spondylosis is not any of the diseases for a ground for divorce,  which is required to be disclosed before marriage and/or concealment of facts. 

Arvind Singh Chauhan (advocate)     21 March 2014

I agree with Vasisth Sir.

Vicky (Engg)     21 March 2014

but vashista sir, she hide the fact about this disorder before marriage. if i would have knw it i would hve never married her.

Dr J C Vashista (Advocate)     21 March 2014

Dear Vicky,

Now that stage is already over, relax. It cannot be a  ground for divorce. However, please avoid use of sms language which is difficult to understand, interpret and make proper opinion.

Vicky (Engg)     21 March 2014

Vashista Sir,

I don't want to give her divorce. she has filed 498a, DV & 125, I immediately filed after her RCR all the cases are in court not even arguments have started. It is more than a year now from our marriage, I will battle all the cases but at the end I want to declare this marriage a void as she hide the facts. I know I can easily get divorce because once I get acquittal from all the false cases.

I totally agree with you Cervical spondylosis is not a disease but it is a disorder, but whether court will not consider it even though I got the proofs she hide this fact to our family before marriage.

our marriage is arrange marriage.



Dr J C Vashista (Advocate)     21 March 2014

Although prima facie impossible, yet no harm to try  your luck, best wishes.

Advocate Ravinder (Advocate/Attorney)     21 March 2014

There is no mandatory provision in law that she has to reveal each and every ailment before marraige. Spondilitis is a general decease which is curable. As vashistha sir told that it is not at all a ground for divorce. Nor can you file any case against her. Once you marry her she is your wife and you have to take share her joys and sorrows.

T. Kalaiselvan, Advocate (Advocate)     23 March 2014

Concealment of curable health disorder namely cervical spondilosys is not considered as suppression of facts material to marriage, hence you cannot make claim on this issue, better think of opening any other avenue in your favor on this issue.

Nadeem Qureshi (Advocate/     23 March 2014

when your marriage was solemnized? 

Kanchan Madan (NA)     23 March 2014

My DIL  had depressi, thyroid and PCOD problems before marriage and they had not disclosed these to us. We fought the case for three years  but my lawyer told me we can not use this a ground  for illness. More so she blamed that all these  happened after marriage.

My experience says in case both of you can start a healthy married life - it would be better. Just in case you feel because of false case you want to go for divorce this would take time.

We had all the proofs including photographs , mails  my DIL had been spending nights with other boys-but the argument stage did not come in the court as most of the time judge is on leave.

Finally to  cut short my lawyer filed for FIR quash in high court and got the matter referred to mediation .Mediation went on for 10 months and finally the case got settled  at 17 lacs.Although she had taken everything -left over was given CAW cell. Her digital locker was opened in CAW cell by  her and she took away all ornaments.

Nadeem Qureshi (Advocate/     23 March 2014

when your marriage was solemnized? 

Kanchan Madan (NA)     23 March 2014

Marriage was solemninzed in Nov 2009. My son filed case in May  2011.She deserted my son in Feb 2011.


Case came to settlement in Feb 2014

Dr J C Vashista (Advocate)     24 March 2014

Ms. Kanchan,

Have faith in the lawyer engaged by your son, seek his/her advise/guidence/services and leave this thread.

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