Honorable Delhi High Court Constitutes Fraud to Failure to disclose Mental Disorder before marriage. Delhi (High Court) HC judgment on concealing mental disorder & marital fraud is a very peaceful judgment to those people who wants to take divorce from their spouse on the basis of Failure to disclose mental disorder before marriage constitutes as Fraud.
Sandeep Aggarwal Vs Priyanka Aggarwal:-
Failure to disclose mental disorder before marriage constitutes fraud, the Delhi High Court held while annulling a marriage solemnized 16 years ago. The marriage was done in 2005 and the decision of the court came in 2021.
The court was dealing with a petition filed by one Sandeep Aggarwal challenging the family court order where his request for divorce under Section 12 of the Hindu Marriage Act was dismissed. Which was filed on the basis that her spouse’s family member was concealed the fact about her wife’s mental disorder & mental fraud.
A Division Bench of justice Vipin Sanghi and Jasmeet Singh also observed that in this long-drawn process, the life of the husband has been ruined and he has remained stuck in a relationship without any resolution for 16 years thereby losing the most important of years of his life when “he would have, otherwise, enjoyed marital and conjugal bliss and satisfaction”.
Background (background for HC Judgment On Concealing Mental Mental & Fraud)
The petitioner argued that he had married a girl in December 2005. However, her family did not disclose the vital information that she was suffering from Acute Schizophrenia.
The petitioner husband added that she behaved in a very “unusual manner” during her stay at her matrimonial home and honeymoon.
He then took her to several doctors including a Neutropsychiatrist at the All India Institute of Medical Sciences (AIIMS) who disclosed that the girl was suffering from Schizophrenia. As the petitioner confronted the bride’s family, they took her home, just nine weeks after marriage. The Court was told that the wedding was never consummated.
The contention by wife:-
In her written statement, the wife told the court that she never suffered from headaches during her college days due to which she gave up her studies and the same was communicated to her husband’s family.
In its judgment, the Court noted that the woman had outrightly denied going through an evaluation by a Court-appointed medical board which would weigh on its mind. This outright refusal, the Court said, prevented it from arriving at the truth.
The decision of the court in HC Judgment On Concealing Mental Mental & Fraud
The Court added that the fact that the parties could not live together beyond nine weeks shows that the mental disorder suffered by respondent-wife is of a kind and to such extent as be unfit for marriage and procreation fo children.
The bench further observed that neither the husband nor his family was informed about the mental disorder which was passed off as a mere headache. The Court, therefore, allowed the appeal and annulled the marriage. It further granted a token cost of Rs. 10,000/- to the petitioner husband.