Recently, the High Court of Kerala declared marriage between a man and a woman as null and void because at the time of marriage the woman did not disclose the fact that she was suffering from a heart ailment ( acute rheumatic heart disease ).
Brief Facts of the Case:-
In the year 2004, the parents of the man started looking for a bride for their son. A bride was found through a broker, and the couple got married at Guruvayur Srikrishna Temple on 28th March 2004. After that, the woman started living at her marital home.
Soon after the marriage, the man noticed that the woman was always taking medicines, and it also started reflecting on her character.
She was taken to a gynaecologist after a year of marriage. During the consultation, the woman informed the doctor that she was suffering from a heart ailment. The doctor referred her to a cardiologist. Some tests were conducted, and it was revealed that she was suffering from acute rheumatic heart disease. Later on, the woman revealed that she had undergone balloon sinuplasty in 1998.
It was also revealed during the doctor’s consultation that she cannot conceive and was incapable of having sexual intercourse.
Arguments before the Court:-
The counsel for the petitioner( husband) argued that the man’s consent for marriage was obtained by fraud as he was not informed about the woman’s heart ailment.
Learned counsel for the respondent refuted the claim made by the petitioner and stated that the husband was informed about the woman’s condition before the marriage.
Reasoning and Decision of the Court:-
After going through all the evidence, arguments and facts of the case, the Hon’ble Court opined that the husband’s consent for marriage was obtained fraudulently as he was not informed about the woman’s heart disease before the marriage.
The High Court upheld the Family Court’s order, and the marriage was declared null and void.