Nagpur Bench of Bombay High Court has made an important comment saying that hiding illness before marriage can be a ground for divorce.
Court said, “If a son or daughter is suffering from any incurable disease before marriage and they are aware of it, then they should make this clear while proposing marriage. This couple hailing from Akola, got married on 18 May 2017. The girl was suffering from eye disease even before marriage. The matter came to light after marriage, so after 3 months of marriage the husband and wife started living separately. Since then the wife is living with her parents.
The wife filed a petition in Akola Family Court for restoration of conjugal rights. On the other hand, the husband filed a petition in the court demanding divorce. Akola Family Court, giving its verdict on both these petitions together, rejected the wife’s petition and accepted the husband’s petition. The wife challenged this decision in the High Court. In the hearing on the case, the court heard all the parties and upheld the decision of the Akola Family Court and dismissed the petition.