If a spouse come to know diseases like severe asthma after marriage will that be considered as cruelty.
Can a spouse ask for divorce on the basis of fraud/cruelty after one year of marriage.
If a spouse come to know diseases like severe asthma after marriage will that be considered as cruelty.
Can a spouse ask for divorce on the basis of fraud/cruelty after one year of marriage.
sridhar pasumarthy (ADVOCATE) 14 January 2012
Dear smileplease,
A spouse can certainly seek for divorce after one year of marriage on the grounds of cruelty or fraud under Hindu Marriage Act.
But, coming to know about Asthma after marriage does not amount to cruelty.
galsober@yahoo.co.in (def) 14 January 2012
Come on....asthma is just simple a disease, So many ppl have it these days...............thanks to polluted surroundings...NO GROUD 4 DIVORCE/ANNULLMENT!
Better get it treated & live ur life
Damayanti (Unemployed) 17 January 2012
It is certainly fraud and mental cruelty and cheating by concealment of facts at the time of marriage.
So marriage may be annuled as well as divorce may be obtained.
Nobodu may like a person as a spouse who is coffing and and having bronchitic and asthmatic physical conditions and especially which are hidden from party at the time of marriage.
It does affect intimacy and disgusting as well. (though smooching doesn't necessarily trasnfer the disease and it not a venerable disease )
One can ask for Judicial separation as well as such an ailment is causing to deprive the party from marital happiness.
This can be a case of urgent application and one does not need to wait for 1 year to file application.
Damayanti (Unemployed) 17 January 2012
Also check the patterns of the disease. and the exact ailment and coughing frequency, tests of swabs
It may be TB as well.
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