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Could you legally get a divorce if your spouse is in a coma?

VD927 Senior Member
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Posted: 28 December 2014 at 2:21pm | IP Logged
Not sure if we have any lawyers on the forum but on the topic of laws, I was wondering the other day where if you were in the situation where your spouse was in a coma for x number of years and you wished to re-marry. Would the court grant a divorce based on the spouse being mentally unable to contribute to the marriage? It's an interesting case. Surely if your spouse was in a coma for 10-15 years, if you were young wth a young family you may want to remarry or your spouse may have wished in such a situation you get on with your life. Could you get a divorce? I am sure there must be some exception cases?

Anyone have any ideas??? Was wondering if this may be an alternative approach the makers could take? Other approach is Zeenat sadly dies of course!! "

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Posted: 28 December 2014 at 2:41pm | IP Logged


I don't know about the laws in India...In the United States the the civil laws vary state by state...but I believe...in some states, at least, physical incapacity alone is not sufficient grounds for divorce...while mental incapacity is. One filing for divorce in such cases has to use another ground such as non-cohabitation or something else.
Either way, a divorce does not free an earning spouse from the financial responsibilities they have towards the incapacitated spouse...and any children from the marriage. So, a good amount of alimony and division of property is to be expected...even if one spouse didn't contribute to earning the property or the money. 

On the other hand adultery is sufficient ground for divorce and so is...something like irreconcilable    differences.

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zam123 Goldie
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Posted: 28 December 2014 at 7:09pm | IP Logged
In Islam, you can get married in this circumstances  without divorcing the invalid wife. 

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Posted: 28 December 2014 at 7:42pm | IP Logged
I think it's legal...coz Islamic laws for remarriage clearly say if one's wife is invalid...A second marriage is very much valid and legal

Plus this 7 yr thing...If I'm not wrong Indian marriage act also says that a marriage is null n void if any of the spouse is invalid for a period of 7 yrs or there  has been no relation between them

Alimony and right to inherit property comes in question only wen divorce is seeked
feminist Senior Member
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Posted: 28 December 2014 at 9:36pm | IP Logged
Originally posted by zam123

In Islam, you can get married in this circumstances  without divorcing the invalid wife. 

No I am sorry have to disagree, My cousins father side is a maulana family so I have some idea about the second marriage thingy being a Muslim myself yet I couldn't understand the concept of polygamy. Unfortunately tv serials are glorifying the idiotic stereotypes. Bigamy and polygamy is only now followed in the country or small town side or people with selfish reasons. 

Here Zeenat wasn't showing any signs of recovery and the doctor even told that she might not recover ever. THAT TIME it could be a reason to be invalid. But this doesn't end here he must take permission on behalf of her from her parents or closest relatives. Considering why hasn't Anam or KA told anything directly to Arzoo I will never know since this could have been much easier than their useless plans. The second thing is why can a man marry 4 times? Its not for the benefit of the man actually hahaha its actually for the women. Suppose the man is wealthy enough and the woman is seriously in need of shelter or comfort and if he decides to marry her then he must give equal time respect and share of his everything to his other wife/wives...But since the world has become more immoralised its usually done by man for not these obvious reasons. Sahir no matter how much betrayed by Zeenat we will obviously pity for her as she is his wife in coma. If he actually considers to marry Arzoo it will be completely haram as Zeenat is now showing recovery signs! 

Another reason why do women actually say yes? Tbh only to please the husband not from the bottom of their heart. They are forced too. 

So I am with KA on this and I don't think Alvira would care since she once told KA that she is ready to even face Allah's wrath for Sahir's happiness. CryCryCry

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Posted: 28 December 2014 at 10:01pm | IP Logged


I don't know much abt law but from wht I hear heard arnd it seems the comatose spouse is deemed unfit on medical grounds to be carrying out the chores of any relationship n hence if the spouse wants to move on ...in few cases they are GRANTED the permission 

.li could be wrong this is the only thing I heard 

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VD927

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Posted: 29 December 2014 at 3:05am | IP Logged
Thanks for the replies guys. I also asked my mum (who was a lawyer in India)...she rolled her eyes and asked if I was asking because of a HS Confused ...um, yes, sort of I said!

So she mentioned a 7 year thing as well. But it would need to go through the courts and you would need to prove there is not much chance that your spouse will wake up.

I do wonder what path they will take to get these two together in the end. I want to see Sahir and Arzoo get married with no tension on either side. I guess that could only really happen if arzoo refuses now, Zeenat ultimately wakes up and willingly gives a divorce. Or Zeenat dies naturally.

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dakshaavi

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Posted: 29 December 2014 at 3:18am | IP Logged
In India as far as I know if the wife is not contributing to the marriage and leave on her own for long time then the marriage nullifies and there will be no objection for second marriage or divorce form the wife or husband as per marriage act. 

Let's see how the 7 years of comas tic wife is treated here.


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