Delhi High Court said:Hiding illness before marriage is a fraud, marriage can be canceled


Marriage is highly respected in India. We are in a nation that takes pride in the strong foundation of marriage. The court observed that concealment of illness by either party prior to marriage is fraud and it causes annulment of marriage.

The court set aside the order of the Family Court and issued an order quashing the marriage of a person.

A bench of Justice Vipin Sanghi and Justice Jasmeet Singh, while annulling the marriage, said that the health of any person may deteriorate, it is not their fault. In the present case the girl was unwell. His treatment was continuing. The court said that the woman has admitted that she had a headache during college and she had missed her studies.

The bench said headache – it is not a disease in itself. They are only symptoms of a disease. The woman did not specify what caused her to have such a severe and persistent headache that she had to give up her studies. The bench said that the children of a person suffering from mental disorder can also be affected in this way. About nine weeks after the marriage, her father took her to his house.

In this process, unfortunately, the life of the appellant husband has been ruined and he is stuck in this relationship for 16 years without any resolution, the bench said. In the most crucial years of his life, when the appellant, enjoying marital bliss and satisfaction, had to suffer because of the obstinacy displayed not only by the woman but also by her father. In such a situation, rejecting the woman’s point, they also order to pay 10 thousand rupees as damages to her.

This was the case

The husband said in the petition filed that his marriage took place on 10 December 2005. He said that the in-laws cheated him by hiding his wife’s illness. The woman was suffering from Acute Schizophrenia before marriage and while living with the appellant. The respondent behaved in an unusual manner at home after their marriage and during the honeymoon. In January 2006 she showed the woman to GB Pant Hospital, Institute of Human Behavior and Allied Sciences, AIIMS, Hindu Rao Hospital. Seeing the doctor of Hindu Rao Hospital, the woman agreed that the said doctor had given me the medicine earlier. Doctors assumed that he was suffering from acute schizophrenia.


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