Rajasthan HC annuls marriage; rules concealment of schizophrenia fraud under Hindu Marriage Act
The court held that hiding the woman's serious mental illness from the husband and his family before marriage amounted to 'fraud' under Section 12(1)(c) of the Hindu Marriage Act, 1955.
The division bench of Justice Inderjit Singh and Justice Anand Sharma observed that schizophrenia is not merely temporary mental depression but a serious psychological disorder which, in its active state, can prevent a person from leading a normal married life. Concealing such a condition, the court said, is equivalent to hiding a 'fundamental fact' necessary for marriage.
Referring to earlier Supreme Court rulings, the court held that the wife's illness was an 'important marital fact' for the purpose of marriage, and hiding it constituted clear fraud upon the husband. Applying this legal principle, the court declared the marriage void and freed the husband from all criminal and financial liabilities, including alimony and dowry harassment cases.
The case originated from a marriage solemnised on April 29, 2013, between a man from Chittorgarh and a woman from Kota. Shortly after the wedding, the husband noticed abnormal changes in his wife's behaviour. She displayed unusual actions, and her hands would often tremble. While going through her belongings, he found a doctor's slip indicating she was already receiving treatment.
The husband alleged that she had been suffering from schizophrenia before marriage and that this fact was deliberately hidden from him and his family. He also claimed that, due to her illness, consummation of the marriage was not possible.
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