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ramanathan (Legal Advisor)     27 March 2010

Divorce on the ground of medical problem

One of my relative has gone a family problem. she was married 3 years before. She came to know that her husband is  impotence and unable for s*x life. they consulted a docter and find out that he got head injury in childhood . and they use to take the medicine even before marriage. they hide this fact when she got married him

 

being a hinu  girl she thought that it is her moral responsibility to take care of him. and did so. during the last 11/2 year he started behaving like mad. he left  his job and changed the employment 5 timess reason he says his every one in the office  are talking about him and he use to get fear what ever he sees. he is controleable only by his mother

 

after waited 3 years now she decided that she is not able to live with him. my question is

 

can she able to file a divorce stating the impotence of her husband, if so what are the documents she has to produce and how  long it will take to get the divorce

 

2. can she file  complaint to nullify her marriage stating they hide the material facts of his hillness before marriage and also hide the impodence

 

can any lawyer guide me what to do in this situation . she has already wasted 3 years and her ae is 30 years now. if she gets divorce  she will be releved from her mental egony

 

 


 



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 4 Replies

Suryanarayana Tangirala (Advocate)     27 March 2010

Yes she can seek Divorce on the ground of Impotency U/Section 12 of Hindu Marriage Act,1955 and U/s.13 on the ground of mental disorder,both the grounds are to be proved by Petitioner(one who approaches court)

ad. creaminall (professional Advocate)     27 March 2010

i agree with suryanarayana. further you can also claim maintenance/alimony.

Vikas Dharmendra (Consultant)     27 March 2010

Go for annualment then  divorce by mutual consent first,  and you have good grouong for the same ...and do not go for any other unnecessary cases.


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