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Divorcing polio effected wife

How can a husband divorce a polio effected wife ? If before marriage he was not knowing this.


 29 Replies

Sanjeev (Lawyer)     27 October 2011

Ideally thats not possible that you did not notice before marriage that your wife was infected with polio and secondly this is not a valid ground for seeking divorce.

Actually on moral grounds also even if this was not known to you this relation should be accepted by you instead of wasting a girls life without any fault of hers.


Thanks for reply. If some one see her in wearing sari he can not come to know in 100 times also.

Before marriage I saw her once at that time she was sitting in a chair.

After marriage I came to know she a polio problem in her one leg.


Please note she is not only has polio effected leg but also her nature is very aggrasive if I say something to her she can go for suicide too.

one instance

On giving money to my sister she was so angry that after listening hot words from me she took the knife in her hand and tried to cut her hand pulse on stopping thrown away all utensils and broken all her bangles.


On my family members request she was with my family for around 6 months.

Now she is staying at her parents house from last 4 and 1/2 years.

If I want to give divorce to her how much maintenacne I have to give her.

I have not taken any dowary from them.

We donot have any kid too.

Avnish Kaur (Consultant)     28 October 2011

yes you cud have had annulment on basis of fraud BUT

condonation was done by you

and it was not filed within one year of finding fraud so you cannot do now.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 October 2011

I agree with Avinash Kaur.


We gladly accept few things in life and when things go awry, we try to make use of those things only which we had accepted. That is why in its wisdom, legislature had put certain restrictions.





Shonee Kapoor



Everyone in my locality know this that what wrong they did with me.

But if she was having  adjusting nature she would be acceptable to me as I donot know when my leg will be broken ( I mean no one know about tomorrow).


One question is unanswered how much maintenance I have to give her if she is educated housewife.

Chetan Singh (SE)     28 October 2011

But if you are planing for divorce her, then go for MCD.

Otherwise be ready for 498a,125 from her side as basis of cruelty and neglecting her.

Maintence will be decided as per your income and her necessicity in court.


Thanks Chetan Singh. MCD means Mutual Contested Divorce right.

Chetan Singh (SE)     28 October 2011



How many years in general it takes to get divorce if is not mutual?

I am keep in mind 5 years from date of filing.

Sanjeev (Lawyer)     29 October 2011

It is Mutual Consent Divorce not contested it takes normally six months but can take slightly more.

Sanjeev (Lawyer)     29 October 2011

I meant Mutual consent divorce takes 6 mths contested can take even longer than 5 years there is no time frame.

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