Concealment Of Mental Disorder On Wife’s Part Constitutes Fraud: Delhi HC Annuls Marriage

• The Delhi HC has annulled a sixteen year old marriage under section 12 of the Hindu Marriage Act wherein the wife did not disclose her mental illness to her husband before her marriage. The Court held that this concealment amounts to fraud.
• The present appeal to the HC was filed contesting the order of the trial court where the court had not accepted the contentions of the husband and did not annul the marriage between him and his wife and had dismissed the same.
• The husband contended that the marriage was the result of a fraud which was perpetuated by the wife and her family members. She was suffering from Acute Schizophrenia and was diagnosed with the same by many doctors who had examined her during the course of the marriage when they had lived together. The husband also claimed that their marriage had not been consummated.
• He further contended that she behaved in a very erratic manner, both during her stay in the matrimonial home and on their honeymoon.
• The Court laid great emphasis on the fact that the respondent (wife) denied a medical examination done by an independent Medical Board which would be appointed by the Court, all this while she had pleaded for a restitution of conjugal rights and had expressed her desire to live with her husband. The Court observed thus,

“The Courts, to be able to decide such issues, need expert opinion from credible persons in the field. The parties are also entitled to the grant of an opportunity to either support, or challenge the opinion that the experts may give after examination of the persons concerned, and all other relevant materials. However, what weighs with us is the denial of the respondent to subject herself to evaluation of her condition by an independent Medical Board to be appointed by the Court.”

• The Court, while agreeing to the fact that medical opinion is not a conclusive piece of evidence, also said that the fact that the wife suffered from unexplained headaches, coupled with the medical documents, all point to the fact that the wife was indeed suffering from schizophrenia, and that the Trial Court has erred in rejecting the husband’s contentions.
• In conclusion, the court while annulling the marriage observed-

“The appellant has significantly discharged his onus by leading cogent evidence, and raise a preponderance of probability that the respondent is suffering from schizophrenia… the failure on the part of the respondent to disclose her mental disorder before her marriage to the appellant- as alleged by him, constituted a fraud perpetrated upon the appellant.”

• The Court also granted the appellant a sum of Rs.10,000 for the pain that he had to go through for 16 years while he was forced to stay in such a marriage with no resolution. He has remained stuck in this relationship, where he would have otherwise been able to enjoy marital bliss, had it not been for the obstinacy shown not only by the respondent-wife, but also her father.

Read the above article thoroughly? Let’s see if you can answer the following in the comment section below-
A plea for the restitution of conjugal rights can be filed under which section of the Hindu Marriage Act?