The Rajasthan High Court has annulled a 2013 marriage after finding that the wife’s schizophrenia, a serious mental illness, had been concealed from the husband at the time of their wedding.
A division bench of Justice Inderjeet Singh and Justice Anand Sharma delivered the ruling on July 31, declaring the marriage void ab initio under Section 12(1)(c) of the Hindu Marriage Act, 1955, and releasing the husband from all criminal and financial liabilities, including maintenance and dowry harassment cases.
Background of the Case
The husband, a resident of Chittorgarh, married the woman from Kota on April 29, 2013. Shortly after the wedding, he observed unusual behaviour and physical symptoms such as trembling hands. According to his counsel, Uma Shankar Acharya, the family later found a medical prescription indicating the woman had been undergoing treatment for schizophrenia prior to the marriage.
He alleged that the illness prevented consummation of the marriage and had been deliberately hidden by the woman’s family. Relations between the families soured, and the woman’s parents took her back to her parental home. The husband then filed a petition in the family court under Section 12 of the Hindu Marriage Act seeking annulment.
Family Court Dismissal and Appeal
On August 28, 2019, the family court in Kota dismissed the petition. The wife denied having schizophrenia, claiming she had only suffered temporary depression after a family accident before marriage. She also accused the husband and his family of demanding dowry and subjecting her to harassment.
High Court Findings
The High Court, after reviewing witness testimony, medical records, and other evidence, concluded that the woman had schizophrenia before the marriage and was on medication for it. The court held that this was a “material fact” which had been deliberately concealed, constituting fraud under Section 12(1)(c) of the Act.
The bench emphasised that schizophrenia is a severe mental disorder that can significantly affect marital life, citing earlier Supreme Court judgments affirming its impact on marital rights.
With these findings, the court declared the marriage void from inception, bringing an end to the husband’s legal obligations towards his estranged wife.
