Concealment Of Menstrual Issue, Ground For Divorce: Chhattisgarh HC

Upholding a family court’s verdict in the case, the division bench of the high court comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad said that “The Family Court has rightly appreciated evidence establishing that the wife had suppressed material facts regarding her health prior to the marriage’, while granting the plea for divorce to his wife made by the husband.

The husband moved the family court in Kawardha in Chhattisgarh on March 16, 2022 seeking divorce from his wife, saying that his spouse had not been experiencing menstrual for nearly ten years prior to the marriage and the issue was concealed to him.

The couple married on June five, 2015.

According to the husband, their marital life was cordial initially but it soured later because of his wife’s behaviour towards his family members.

She had once told him that she skipped the menstrual cycle and hence, he took her to a gynecologist, believing that she might be pregnant.

Later, during her health checkup, she had disclosed to the doctor that she had not experienced a menstrual cycle for ten years before her marriage, the husband said in his petition filed in the family court.

According to him, some medical condition, leading to her difficulty to conceive, was diagnosed during her health checkup.’

The wife however denied that she was incapable of conceiving, and claimed that the doctor had told her that her medical issues can be resolved with proper medications and yoga.

The high court however noted that ‘She has not produced any doctor’s certificate’ to establish that she is capable of having a child, and granted divorce.

The bench however granted a permanent alimony of Rs five lakh to her, to be paid by the husband.