Rajasthan High Court: Considering hiding serious mental illness before marriage, he declared the marriage of wife suffering from schizophrenia to be zero. The court said that the disease makes marital life impossible, so the husband was given relief.
A lie and marriage zero
Under the Hindu Marriage Act in India, marriage can be declared zero by any party hiding serious mental illness. Marriage will not be valid.
Marriage Annulment: Rajasthan High Court has clarified in an important decision that hiding the information of serious mental illness before marriage falls under the category of fraud. The court declared the marriage of a woman suffering from schizophrenia void, saying that the disease is not only temporary mental stress, but a serious condition that can disrupt normal marital life.
Why Rajasthan High Court gave this big decision?
- The case is related to a couple of Kota. Shortly after this marriage in 2013, the husband came to know that the wife was undergoing treatment for mental illness ‘schizophrenia’. The petitioner said that the wife’s behavior was unusual after marriage and the disease was revealed by a leaflet found in the goods from Pihar. The husband alleged that marital relations could not be established due to hiding the disease.
- On the contrary, the wife claimed in court that she was not suffering from any serious illness. Shortly before the marriage, she was in depression due to an accident of mother and sister. At the same time, he also accused the husband and in -laws of dowry harassment.
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Husband reached High Court after family court
The family court dismissed the husband’s petition in August 2019. The husband turned to the High Court, challenging this decision. A division bench of Justice Indrajit Singh and Justice Anand Sharma, considering all evidence and arguments, clarified that hiding such a serious mental state before marriage is fraud under Section 12 (1) (B) of the Hindu Marriage Act, 1955.
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What is the difference between divorce and zero marriage
- The court also clarified the difference between divorce and declaration of marriage as zero in the order. In divorce, marriage is later terminated from the beginning, while in the event of zero marriage, it is believed that the marriage was not done. When zero marriage is declared, maintenance and other marital rights automatically end.
- This decision is not only an example for legal matters related to marriage, but also makes it clear how important the transparency of health and mental state is before marriage. This decision of the court will provide significant guidance in such cases in future.