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Hiding Illness before Marriage a Deception, says, Delhi High Court in Landmark Judgment

Team SoOLEGAL 3 Jan 2022 3:24pm

Hiding Illness before Marriage a Deception, says, Delhi High Court in Landmark Judgment

NEW DELHI: After 16 years, the Delhi High Court recently cancelled a couple’s marriage. It stated that the wife’s omission to reveal her mental illness before to her wedding constituted a fraud on the spouse.

While dealing with an appeal filed by the husband challenging a family court order rejecting his plea to annul the marriage, a bench of Justices Vipin Sanghi and Jasmeet Singh said that while the medical opinion in the case was not conclusive, the evidence of the doctors combined with the medical documents suggested that the wife was suffering from schizophrenia.

It is difficult to live with a partner who has mental health concerns, and such conditions provide their own set of obstacles for both the individual experiencing the problem and the spouse. There must be an understanding of the issues in a marriage, as well as communication between the couples – particularly when one of the two parties in a marriage is suffering troubles of their own, the court said in a 24 page order.

“The failure on the part of the respondent (wife) to disclose her mental disorder before her marriage with the appellant (husband) as alleged by him, constituted a fraud perpetrated upon him,” it added. It stated that the wife’s refusal to undergo medical examination by the medical board of experts led to the inference that she was not prepared to face the board because it coul have revealed the state of her mental well – being and would have established the husband’s allegation that she was suffering from schizophrenia.

“Why else, such a spouse – who claims to be not suffering from any mental ailment who has preferred a petition to seek restitution of conjugal rights, and expresses her desire to live with the appellant husband, not undergo such medical examination?” the bench said in a 21 – page judgment.

The husband claimed that the marriage was the result of a deliberate deception committed by the wife and her family members who opted not to reveal essential and critical information about her mental condition. He also stated that the woman suffered from a cute schizophrenia before to the marriage and during the time she lived with the husband. He said that the wife acted strangely after her marriage at the matrimonial house and on their honeymoon while seeking annulment of the marriage. The judge granted his request, stating that the husband’s life had been damaged and that he had been locked in the relationship for 16 years with no resolution.

The Judge further said that they are neither medical specialists nor expert and only have a limited understanding based on the arguments of the parties, medical literature presented to them, expert witness testimony presented in court, and submissions put before them. According to the court, marriage is not only about beautiful memories and good moments, and two individuals in a marriage must endure problems and weather the storm together. It also said that, “treatment of any mental ailment requires acceptance of the same, not only by the family members but, most importantly, by the person suffering from the problem.”



Tagged: Delhi High Court   Landmark Judgment   Justice Vipin Sanghi   Justice Jasmeet Singh  
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