The Delhi High Court in its recent order annulled marriage after 16-years citing 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 hearing an appeal filed by the husband challenging a Family Court order wherein his petition under Section 12 of the Hindu Marriage Act was dismissed.
The marriage between the appellant and the respondent was solemnised in December 2005. As per the appellant husband, the marriage between the appellant and the respondent was the outcome of a calculated fraud that was perpetrated by the respondent and her family members as they chose not to disclose a vital and crucial fact regarding the respondent’s mental health/ailment.
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.
Husband Took Wife To Several Doctors
The husband took the respondent wife to one doctor in January, 2006, who after examining her referred her to GB Pant hospital, where another doctor examined the respondent and prescribed certain medicines. Finding no change in respondent’s behaviour, the appellant took her to a neuro surgeon at Institute of Human Behaviour and Allied Sciences, Delhi where the respondent was examined again and one doctor there prescribed her medicines.
In February 2006, the appellant took the respondent to Hindu Rao Hospital at Delhi, where wife after meeting that doctor, shouted,
Isi doctor ne mujhe pehle bhi davai di hai. (I have been treated by this same doctor before).
Since the appellant did not find any improvement in the mental health of the respondent, he also took her to All India Institute of Medical Sciences, where a Neuro Psychiatrist examined her and prescribed her few medicines. As per the doctor, the respondent was suffering from Acute Schizophrenia.
The appellant thereafter questioned the respondent’s parents and narrated the mental condition of the respondent. It was then that the father of the respondent took her with him to her parental home (after 9-weeks of marriage) on in February 2006 and, since then the respondent is living with her parents in their house.
The appellant also averred that the marriage between the appellant and the respondent was not consummated.
Arguments By Wife
The respondent filed her written statement wherein she denied that the marriage between the appellant and the respondent was not consummated. The respondent averred that she has never suffered from any mental or physical ailment, but she did suffer headaches during her college days due to which her studies were discontinued, and the said fact was clearly told to the appellant, the mediator, and all other persons concerned.
She further averred that the appellant, his family members, friends and relatives had met the respondent prior to marriage many a times, and there were numerous telephonic calls. Therefore, there was no question of respondent suffering from any mental ailment, much less, Schizophrenia either prior to the marriage or during subsistence of the marriage.
In October 2009, the respondent had also filed a petition under Section 9 of the Hindu Marriage Act, seeking Restitution of Conjugal Rights against the appellant which the Family Court clubbed with the divorce petition.
Delhi High Court
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. The court said,
The Courts, to be able to decide such issues, needs expert opinion from credible persons in the field. The parties are also entitled to grant of opportunity to either support, or challenge the opinion that the experts may give after examination of the person concerned, and all other relevant materials.
However, what weighs with us, at the outset is the denial of the respondent to subject herself to evaluation of her condition by an independent Medical Board to be appointed by the Court.
The Court was also of the view that the outright refusal of the wife to undergo any medical examination, prevented the court from arriving at the truth. The court thus observed,
Marriage is not made of only happy memories and good times, and two people in a marriage have to face challenges and weather the storm together. It is not easy to live with a partner who has mental health issues, and such ailments come with their own challenges for the person facing the problem, and even more so for the spouse.
There needs to be an understanding of the problems in a marriage, and communication between the partners– especially when one of the two partners in a marriage is facing challenges of their own. Treatment of any mental ailment requires acceptance of the same, not only by the family members but, most importantly, by the person suffering therefrom.
Noting that while it was true that the medical opinion in the case was not conclusive, however, the Court noted that the evidence of the doctors coupled with the medical documents suggested that wife was suffering from schizophrenia. The court added,
There is no explanation or reason, as to what was the nature of those headaches; what caused those headaches; and; what was the treatment given to the respondent for those headaches.
Family Court Erred
Disagreeing with the findings of the Family Court, the Delhi High Court was of the view that it fell in error in rejecting the husband’s application and that it’s approach was erroneous.
The Court said that the refusal by the wife to undergo medical examination by the Medical Board of experts lead to the inference that she was not prepared to face the Medical Board as that the same could have exposed the condition of her mental well being, and would have established the allegation made by the husband that she was suffering from Schizophrenia. The Court questioned,
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?
Allowing the appeal, the Court annulled the marriage on the ground contained in Section 12 (1) (b) of the Hindu Marriage Act. The high court granted Rs 10,000 as token cost to the husband and said,
However, in the process, unfortunately, the life of the appellant has been ruined and he has remained stuck in this relationship for 16 years without any resolution.
In the most important years of his life, when the appellant would have, otherwise, enjoyed marital and conjugal bliss and satisfaction, he has had to suffer due to the obstinacy displayed by not only the respondent, but even her father, who appears to have been calling the shots in relation to the matrimonial dispute raised by the appellant.
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