Raj HC nullifies marriage aswife hid her schizophrenia
Rajasthan High Court
has annulled a marriage on the grounds that the wife concealed her serious mental illness at the time of marriage. Soon after their marriage, the man discovered that his wife was suffering from schizophrenia, a crucial fact that was hidden from him.
The man from Chittorgarh and the woman from Kota married on April 29, 2013. Shortly after their marriage, the man noticed alarming changes in his wife's behaviour. He argued in court that she exhibited strange and unacceptable conduct, along with physical symptoms such as trembling hands. The in-laws claimed finding a prescription in her belongings indicating that the woman had been undergoing medical treatment.
"The husband believed the illness made consummation of the marriage impossible and that the fact was deliberately concealed by the woman's family," said Uma Shankar Acharya, the husband's counsel.
As tensions between both families grew, the woman's parents took her back home. The man then sought to have the marriage declared void under Section 12 of the Hindu Marriage Act, 1955. When a family court in Kota dismissed his application on Aug 28, 2019, he appealed to the high court.
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During the family court proceedings, the woman denied having any serious mental illness and asserted she only experienced temporary depression due to a family accident shortly before the marriage.
She alleged her husband and in-laws demanded dowry and harassed her.
After reviewing witness statements, medical records and other evidence, the high court's division bench, comprising justices Inderjeet Singh and Anand Sharma, concluded that the woman had schizophrenia prior to the marriage and was on medication.
The bench deemed this a "material fact" essential for marriage and its concealment constituted legal fraud under Section 12(1)(c) of the Hindu Marriage Act.
The judges stressed that schizophrenia is a severe mental disorder that can significantly impact married life. Citing previous Supreme Court rulings, they affirmed that such an illness directly affects marital rights. Ultimately, on July 31, the high court declared the marriage void from its inception, freeing the man from all associated criminal charges and financial obligations, including maintenance and dowry harassment cases.
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