Nagpur Bench of Bombay High Court gave an important decision in the divorce case. In the case of marriage by hiding illness, the court has accepted the decision of divorce as valid.
The court rejected the petition due to the wife and her parents hiding her incurable disease before marriage.
The court said that if a marriageable boy or girl is suffering from any incurable disease before marriage and is aware of it, then they must inform the other party about it. The bench of Justice Vinay Joshi and Mahendra Chandwani gave this decision.
Maharashtra case
The matter is of Akola district in Vidarbha, Maharashtra. According to the information, a young man was married to a girl here on May 18, 2017.
This girl was suffering from ptosis. Ptosis is an incurable eye disease. It is alleged that this information was not given by the girl’s side at the time of marriage.
Some time after the marriage, when the young man came to know about this, he started staying away from his wife. After this, the wife asked to live with her husband and appealed in the family court.
The court said this
On the other hand, the husband also reached the court and demanded divorce on the grounds of cruelty. He told the court that his wife has an incurable disease in her left eye, due to which her eye remains open even while sleeping.
The district court had given its verdict in favor of the young man and approved the divorce. After this his wife challenged this decision in the High Court.
After hearing the arguments of both the parties, the High Court upheld the decision of divorce. While giving the verdict, the court said that in the kind of situation, both of them will not be able to live a happy married life, nor will they be able to enjoy sex.