“Failure On Wife’s Part To Disclose Her Mental Disorder Before Her Marriage Constituted Fraud On Husband”: Delhi HC Annuls Marriage After 16 Yrs
[24 December 2021]
The Delhi High Court annulled marriage between a husband and wife after 16 years observing that the failure on wife’s part to disclose her mental disorder before her marriage with the husband constituted a fraud perpetrated upon him. Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with an appeal filed by the husband challenging a Family Court order wherein his petition under sec. 12 of the Hindu Marriage Act was dismissed. It was the case of the husband that the marriage was the outcome of a calculated fraud that was perpetrated by the wife and her family members as they chose not to disclose a vital and crucial fact regarding the her mental health. It was also stated that the wife was, before the marriage, and during the days that she stayed with the husband, suffering from Acute Schizophrenia. He stated that the wife behaved in a very unusual manner after her marriage in the matrimonial home, as well as during their honeymoon. At the outset, the Court was of the view that the Judges are not medical professionals or experts, and acquire limited knowledge based on the arguments of the parties, medical literature produced before them; testimonies of expert witnesses produced in Court, and the submissions advanced before the Court.