Legal Question in Family Law in India

Iam a hindu & have married a hindu girl in 2012. Few days after marriage I came to know that my wife is having fibroids all sizes, biggest size of 12cm, many in number at multiple sizes because of which my wife could not become pregnant. On the advice of gynecologist, I took my wife to a leading infertility centre where they advised for removal of fibroids by surgery after taking 3 doses for 3 months of hormone injections to reduce the size of fibroids. On the day of surgery, in the middle of surgery gynecologist called to my mobile saying that the fibroids are sticking tightly to large intestine, urinary bladder. The doctor told me that fibroids are in un-operatable condition which if forcefully manipulated surgically will cause life threat to patient and hence doctor want to close the surgery without further manipulation in the interest of patient. Doctors after informing my wife's mom and brother and closed the surgery.

After that my wife wanted to go for second opinion from another doctor of her & her family choice. After many months she consulted another gynecologist and told me gynecologist is ready to do surgery on her. Then my wife told me, took money from me and took 4 hormone injection saying that after 4 months, she will surgery done. After completion of 4 months, my wife got doppler scan and after doctor going through scan, now the second is not ready to surgery

My questions -

1. My wife has cheated me by hiding fibroids and marrying me without revealing the presence of fibroids. My wife is not only having fibroids but also fibroids are sticking to large intestine and are in un-operatable situation. All this does not happen within few days and she would have had fibroids many years before and definitely she would have known about fibroids before marriage. Can i use this saying that my wife had married me by fraud and cheating and hiding facts.

2. My wife has no respect towards me and my parents. She always shouts on me and my parents If i dont do something which she says. I am having audio recording of my wife shouting me and my father as son of prostitues. Can i use it for proving cruelty against me.

Not only that my wife threatens that she will call my high authorities of my work place and enquire about me and tell lies on me that iam torchuring her and iam not giving her money. I am having mobile sms proof of this blackmailing.

3. Because of pressure effect of fibroids on left ureter of left kidney, my wife is having HYDRONEPHROSIS means swelling of kidney. Because of this, my wife is having recurrent urinary tract infection. This is evident from her urine analysis report. This infection is spreading to me sexually. This is evident from my semen analysis showing that there is infection in my semen. My semen analysis report done before marriage was normal without any infection but after marriage my semen analysis, signs of infection present which is clear spread from my wife. If i keep on getting exposed to this infection from my wife, i may land up in infections which cannot be controlled by antibiotics with time.

So i want to seek contested divorce from my wife without the need to give her compensation as she is trying for heavy compensation from me by putting false allegations based on 1. cheating & fraud hiding fact of incurable of disease 2. Cruelty towards me & my parents 3. Infection spreading to me because of her disease.


Asked on 11/25/14, 11:10 pm

2 Answers from Attorneys

file divorce

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Answered on 11/26/14, 2:05 am

you need to make out a strong case in order to get divorce on the ground of cruelty or an incurable disease. better put the facts straight and in chronological order.

Adv. Rajiv

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Answered on 1/29/15, 8:35 pm


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