Material Fact Of Wife Suffering From Mental Disorder Suppressed: Chhattisgarh HC Upholds Annulment Of Marriage

The Bench dismissed the appeal filed by a wife challenging the decision of the trial court which annulled the marriage between the couple.

A Division Bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal observed, “ The trial Court, has, therefore, after due consideration of the evidence led by the parties, has not committed any illegality in holding that the wife of the Applicant has been suffering from mental disorder and has suppressed the said material fact from him, while declaring the alleged marriage as null and void, so as to call for any interference in this appeal.”

Advocate Uttam Pandey represented the appellant, while Advocate Pankaj Bhaskar appeared for the respondent.

The husband had filed for annulment under Section 12 (1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955 (HMA), alleging that his wife suffered from a mental disorder prior to their marriage, which he was not aware of. He claimed this critical information was fraudulently withheld by her parents. The husband asserted that the marriage lasted only four days, during which his wife exhibited abnormal behaviour and refused marital relations.

Supporting the husband’s claims, a psychiatrist testified in the court that he had treated the wife for mental health issues, including certain abnormal symptoms like smiling and muttering to self, being fearful, and suspicious, hearing voices, sleep decreased, and anger.

The wife on the other hand argued that her husband and in-laws had demanded Rs. 3 lakhs and threatened to label her a lunatic if the demand was not met.

“Her treatment was, thus, found to be made prior to the alleged marriage, however, the said material facts have not been disclosed to the Applicant at the time of alleged marriage. It appears further that the initial burden rests upon the Applicant in this regard was, thus, discharged by him by establishing the fact regarding the mental disorder of his wife, who however, has failed to disprove the same. It is, thus, evident that the Non-Applicant/wife has been suffering from mental disorder and is unfit for the marriage.” the Court remarked.

The High Court noted that the wife’s mental disorder was suppressed from the husband before the alleged marriage took place.

Consequently, the Court dismissed the appeal, confirming that the marriage was null and void due to the suppression of material fact of a severe mental disorder, rendering the wife unfit for marriage.

Accordingly, the High Court dismissed the appeal.

Cause Title: A v. B (Neutral Citation: 2024:CGHC:17125-DB)

Appearance:

Appellant: Advocates Uttam Pandey and Ashutosh Biswas

Respondent: Advocates Pankaj Bhaskar and Palash Rajani

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