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Vijay anand (Consultant)     13 June 2018

Wife leaving her husband when he is sick ,Ground for Divorc,

Wife left her husband on knowing that he is suffering from kidney failure. Marriage took place under Hindu Marriage act.How to proceed further for divorce. Will it amount to cruelty.

 3 Replies

Raghav Arora   13 June 2018


Yes, this can be used as a ground for divorce and it also amounts to cruelty on the part of the wife. 

You can simply file a case against her Under section 13 of the Hindu Marriage Act and get rid of her. 

The result of the trial will depend on how well your lawyer has conducted the case and how well the court is convinced that the act of the wife amounts to cruelty! Good Luck!

Vijay Raj Mahajan (Advocate)     13 June 2018

Cruelty is a fit ground for divorce, however what amounts to cruelty will depand on the facts and circumstance of the case that has to be proved with sufficient evidence. The husband has medical ailment where he is suffering from kidney failure. This condition was in the knowldge of the wife and was well aware of the consequences, the request made to her to be near the husband by the other relatives of the husband but the request was rejected and wife remained out of the company of the husband at the crucial critical time when her presence was most important. The complete medical reports, the statement of consulting doctor about the gravity of the health condition of the husband, the evidence of the relatives of the husband, any independent witnesses in whose presence the request made to wife but refused by her, all these will help the divorce case of husband on the ground of cruelty.

Vijay anand (Consultant)     14 June 2018

She left him,on repeated request to come back,she says she doesnt want to come back.

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