Nishka Srinivas Veluvali
Published On: December 25, 2021 at 20:02 IST
Delhi High Court nullified the 16 years old marriage observing the fact that it is difficult to live with the spouse with mental health issues.
The High Court even noted that it is the failure on the wife’s part that she did not reveal her mental health issue prior to her wedding , it is the fraud on the husband.
The Bench of Justice Vipin Sanghi and Justice Jasmeet Singh were hearing the Plea filed by the husband challenging the Family Court Order quashing his Plea to nullify the marriage.
The Bench claimed that it is the fact that the medical suggestion is not included in the case but the evidence of the doctor’s medical documents does show that the wife is suffering from schizophrenia.
The Court in its 24-page Order asserted that, “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.”
The Court also noted the point that the Respondent (wife) was not ready to undergo the medical examination by the Medical Board of Experts which eventually strengthened the allegation of schizophrenia put by the husband.
The husband also alleged that the marriage was overall planned and calculated fraud that was constituted against him by not revealing her mental state. He also asserted that wife was behaving in very unusual manner in the matrimonial house as well as on their honeymoon.
Agreeing to the husband’s Plea the Court stated that, “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.”
The Bench said that they are no experts of medical professions but with the basic knowledge based on the submissions put forth and arguments of the parties they thus declare this marriage of 16 years null and void.