Disease(epilepsy) hidden before marriage


Hi,

I got married according to Hindu marriage....My wife hide the fact that she has epliepsy, i got to know only on my first night... She later said she has been having the same since 3 of years (which i think isnt the fact) ....later after checking with her parents they gave me some medical records of her visiting docs...but she had discontinued her medication....i took her to many docs they said medication has to be taken on regular basis  WHICH SHE HAD STOPPED AFTER HER PREVIOUS DOCS.....we got married on FEB 2015 and few days after marriage she went to her family back....tried sorting things out mutually didnt work out...she has stopped taking medication and switched to herbs and stuff....but stopped medication again....she keeps getting this attacks...I have all this on phone calls recorded....I also have a agreement given by her father to me saying yes they cheated and hide information about her health condition notry duely signed by their entire family and her.

That being my sad story of being cheated and looted.....I went and filed a null and void case with the supporting documents of the agreement....in sept 2015 the case and the case is going on ....she/family have not filed any case on me/family....Recently i found out that she is planning to go out of country for studies or found someone out of country.... 

Can I file a fraud case for cheating...I am not sure need advice on how to stop her from going out and escape and safe guard myself/family from all the future....

Would really need some good suggestion...Thanks for this forum i'm able to write and hopefully other can benefit....

 
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Lawyer

Try to resolve issue amicably . Also continue medication to her it will helps you lot.

 
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Retired employee.

Marriages are made in heaven is the proverb.  What do you want...living together or compromise.  If you have filed case for annulment of marriage means you are determined to disconnect with her, now what is your objection when she is ambitious and making her career plans, without being depressed.

Epilepsy is not a serious disease and it can be cured with continuous usage of drugs over prescribed period of time.  It is a general belief that once marriage takes place, epilepsy may go away.  It is also true that once medications are stopped abruptly during the period, epilepsy may return, and entire course has to be commenced from day one.  Due to side effects of the drug Epsolin, patients discontinue in the middle. (Drowsiness, forgetfulness, inactive status, irritation are some known side effects).  Once the patient uses medication for the prescribed time frame without interruption, it may also go away after that period.  Now these kind of tensions aggravate her disease.

Yes.  It is her mistake (may be their parents) as no one will marry a girl with epilepsy, as still thre is belief that disease can be inherited.  But, when all other factors like compassion, knowledge, education, general health, financial background are good, this may not be that much serious and infact less danerous than diabetics.

It is your decision.  Even if members try to guide you , as you have already decided, you may not be willing to chanage your decision.  Live and let live is the final advice.  As advised by other members, go for diverse with mutual consent without making both lives miserable.  It appears that she is ambitious and confident and she may give her consent.

 
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Expert Humanitarian and Lawyer

Originally posted by : G.L.N. Prasad
Marriages are made in heaven is the proverb.  What do you want...living together or compromise.  If you have filed case for annulment of marriage means you are determined to disconnect with her, now what is your objection when she is ambitious and making her career plans, without being depressed.

Epilepsy is not a serious disease and it can be cured with continuous usage of drugs over prescribed period of time.  It is a general belief that once marriage takes place, epilepsy may go away.  It is also true that once medications are stopped abruptly during the period, epilepsy may return, and entire course has to be commenced from day one.  Due to side effects of the drug Epsolin, patients discontinue in the middle. (Drowsiness, forgetfulness, inactive status, irritation are some known side effects).  Once the patient uses medication for the prescribed time frame without interruption, it may also go away after that period.  Now these kind of tensions aggravate her disease.

Yes.  It is her mistake (may be their parents) as no one will marry a girl with epilepsy, as still thre is belief that disease can be inherited.  But, when all other factors like compassion, knowledge, education, general health, financial background are good, this may not be that much serious and infact less danerous than diabetics.

It is your decision.  Even if members try to guide you , as you have already decided, you may not be willing to chanage your decision.  Live and let live is the final advice.  As advised by other members, go for diverse with mutual consent without making both lives miserable.  It appears that she is ambitious and confident and she may give her consent.


Exactly my words, stand by your wife, what if this had happnd to you? What if your wife would have seeked divorce that you hid your epilepsy? You might also acquire or contract some dreaded disease in future, what if your wife leaves you in  middle of road and files divorce alsong with some 5-6 criminal false cases? Think about it as ol.

 
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xxx

Agreed,ur wife has comitted fraud by hiding her medical condition. The fact today is u have filed a case and want to end the relation. In return Ur wife could have filed false cases in protest to earn money to give you divorce, but she hasnt yet. She wants to go abroad and live her life, so let her do that.

It seems you have made up your mind to leave her.........So You should only focus on getting a MCD and not get aggravated and make your own case weak by stopping her. Wake up, realise what is in your best interest. 

 
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Why you want to stop her. If you want to leave her then let her go anywhere. It will be good for your case also. It will become exparty . Dnt file any other case . Its only wastage of time and money. Get your marriage null and void.
 
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Advocate

epilepsy will not be a disqualification of valid marriage.

epilepsy has been deleted from the mischief of Section 5 of the HM Act.

The legislature in its wisdom as a public policy having decided to exclude epilepsy from the list of disqualifications of a valid marriage.

the wife was suffering from epilepsy before marriage, the husband is not entitled to get declaration of nullity as the said disqualification has been removed during the pendency of the proceedings.

Calcutta High Court
Piyali Halder vs Rathin Kumar Halder on 17 June, 2005 is the reference to the present case.
 
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