The Hindu Marriage Act of 1955 is an act that governs the legalities of marriages in India. The act specifies several grounds on which a marriage can be dissolved, and one of them is on the ground of venereal disease. Section 13(1)(v) of the act states that a marriage can be dissolved if “the other party has been suffering from a virulent and incurable form of leprosy, or has been suffering from a venereal disease in a communicable form”.
Divorce on the grounds of venereal disease can be granted to either spouse, i.e., the infected spouse or the uninfected spouse. The reasoning behind this provision is that a person should not be compelled to live with a partner who has an incurable and contagious disease. It is also believed that the marriage bond between spouses should not be so strong that it endangers their health.
To obtain a divorce on the grounds of venereal disease, the infected spouse must prove that they have a communicable form of the disease. They must also prove that the other spouse was aware of their condition at the time of marriage. The uninfected spouse may counter-argue that they were not aware of the infected spouse’s condition at the time of marriage, or that the infected spouse had concealed the information.
In such cases, the court may order a medical examination of the infected spouse to determine the nature of their illness. If the illness is found to be communicable, the court may grant a divorce. The court may also consider the duration of the illness, the severity of the disease, and the possibility of a cure.
In addition to divorce, the Hindu Marriage Act also provides for judicial separation, which is a legal separation without dissolving the marriage. A spouse can apply for judicial separation on the grounds of venereal disease. In such cases, the court may order the infected spouse to undergo treatment for the disease and provide maintenance to the uninfected spouse.
It is worth noting that the provision for divorce on the grounds of venereal disease is not exclusive to the Hindu Marriage Act. Other marriage acts in India also provide for divorce on this ground. Furthermore, the act also provides for divorce on other grounds, such as cruelty, adultery, and desertion.
To obtain a divorce on the ground of venereal disease under the Hindu Marriage Act, the infected spouse must provide evidence to prove the following:
They have a communicable form of the disease.
The other spouse was aware of their condition at the time of marriage.
The evidence that may be used to prove these points may include:
Medical records and reports: The infected spouse may provide medical records or reports that show they have a communicable form of the disease. The court may also order a medical examination to verify the condition.
Witness testimony: The infected spouse may call witnesses who can testify that the other spouse was aware of their condition at the time of marriage. These witnesses may include family members, friends, or other acquaintances who knew about the condition.
Documents: The infected spouse may provide any documents that prove the other spouse was aware of their condition, such as letters, emails, or text messages.
Expert testimony: The court may also consider expert testimony from medical professionals who can provide information about the disease, its communicable nature, and the risks involved.
It is important to note that the evidence required may vary depending on the specific circumstances of the case. The court may consider any relevant evidence that can help establish that the infected spouse has a communicable form of the disease and that the other spouse was aware of the condition at the time of marriage.
In conclusion, divorce on the grounds of venereal disease is a valid provision under the Hindu Marriage Act. It is intended to protect the health and well-being of spouses who are affected by a contagious and incurable disease. To obtain a divorce on this ground, the infected spouse must prove that they have a communicable form of the disease and that the other spouse was aware of their condition at the time of marriage.
