Rajasthan HC annuls marriage; rules concealment of schizophrenia fraud under Hindu Marriage Act

The husband alleged his wife had schizophrenia before marriage, a fact hidden from him, and claimed her illness made consummation of the marriage impossible.
Image used for representative purpose.
Image used for representative purpose.(File Photo)
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JAIPUR: The Rajasthan High Court’s Jaipur bench has delivered a significant verdict, annulling the marriage of a woman suffering from schizophrenia.

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.

The wife, on the other hand, denied having any serious mental disorder, stating she had only suffered temporary depression following a family accident shortly before the marriage. She accused her husband and in-laws of demanding dowry and harassing her.

The husband filed a petition under Section 12 of the Hindu Marriage Act, 1955, seeking to have the marriage declared void. In 2019, the Kota family court dismissed his plea. He then appealed to the Rajasthan High Court, Jaipur bench. After an extensive review of records, witness statements, and medical evidence, the court concluded that the wife had been suffering from schizophrenia before marriage and was under medication.

The bench ruled that such concealment amounted to hiding a material fact, which directly impacts marital life and constitutes a valid ground for declaring a marriage void under the Hindu Marriage Act.

The high court declared the marriage null and void ab initio and absolved the husband of all criminal charges and financial responsibilities.

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