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HMP 12 (1)C

whether concealment of efficency (hyper thyroid) by either spouse before marriage amounts to fraud and ground of divorce...?

symptoms of hyperthyroidism

Whole body: excess sweating, excessive hunger, fatigue, or heat intolerance

Behavioural: hyperactivity, irritability, or restlessness

Heart: abnormal heart rhythm, fast heart rate, or palpitations

Mood: mood swings, nervousness, or panic attack

Eyes: abnormal protrusion of eyes or puffy eyes

Menstrual: irregular menstruation or short and light menstruation

Sleep: difficulty falling asleep or insomnia

Also common: weight loss, diarrhoea, hair loss, muscle weakness, tremor, or warm skin

all this creats disturbance in marriage...

change in behaviour,attempt to sucicide,self injury creats cruelty over husbandfact : prior tho the marriage women was asked is she suffering from any effenciency/or taking any kind of treatmet....?
said :No and concealed the fact

whether ground of fraud as concealment would be on merit as the behaviour n symptoms of wife disturbs marriage...??


 2 Replies

Manogya Chava   20 May 2020

Greetinngs! Firstly, concealment of a mental illness is considered as one of the biggest and important form of fraud/force. However, since the spouse in this matter does not have any such illness, you cannot directly plead this. However, you may approach the Court that this was not revealed to you before the marriage and the same has adversely affected your marital life. On this ground of irretreivable breakdown of marriage you may file for a divorce petition proving both - 

1. Your lack of knowledge and ACTIVE concealment on the spouse's end

2. Considerable effect on the marriage due to the same 

You may refer to the case of Anurag Sharma v. Manushi Sharma for clarity on the same. 

Further refer to the following link for more clarity - 

The above answer is on the basis that the marrigae is valid and has been solemnized under the Hindu Marriage Act. 

Pratikesh Balasaheb Nagare   20 May 2020

thank you so much...!👍👍👍😌

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