Rajasthan High Court (Divisional Bench of Jaipur) gave a historic verdict. The court has canceled the marriage of a woman suffering from mental illness (schizophrenia).
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The court admitted that the information of the woman’s serious mental illness before marriage was hidden from the husband and her family. It falls under the category of ‘fraud’ under Section 12 (1) (c) of the Hindu Marriage Act.
The court said- schizophrenia is not only temporary mental depression, but a serious psychological disorder. It can prevent a person from living a normal marital life in an active state.
Based on the first decisions given by the Supreme Court, the High Court admitted that the wife’s illness in this case was ‘important facts’ for marriage. Hiding it is a clear fraud with the husband. Adopting this legal principle, the court declared marriage zero and freed the husband from all criminal and economic cases.
The case was advocated by Advocate Uday Shankar Acharya and Umashankar Acharya. Advocate Umashankar Acharya, who is in favor of the husband in the case, said- With this decision, all the cases of maintenance, domestic violence and dowry harassment will also end. For this, a copy of the order issued by the High Court has been sent to the District Court.
Psychiatrist’s slip was found in woman’s goods The case is related to the marriage between a woman resident of Kota and a man from Chittorgarh in 2013. The woman allegedly treated unusual when she reached her in -laws’ house after marriage. The goods from Pihar with the woman found a slip issued by a psychiatrist, which mentioned the treatment of schizophrenia.
Schizophrenia is such a mental problem from which people struggling are called crazy.
The husband had filed a petition in the family court saying- Consumation was not possible after marriage due to his wife’s illness. This fact was hidden before marriage. At the same time, the wife alleged that the husband and in -laws demanded dowry and harassed her, and also said that she is not suffering from any serious illness. Just a few days before the marriage, the mother and sister were in depression after accident.
The case was rejected by the first family court Family Court No-3 of Kota rejected the husband’s petition on 28 August 2019. Against this, the husband filed an appeal to the Rajasthan High Court Jaipur Peeth. A division bench of Justice Inderjit Singh and Justice Anand Sharma reviewed the records, witnesses and medical evidence. The court found that the wife had schizophrenia and was taking medicines for the disease. This fact was hidden from the husband and her family before marriage.
The husband did not get the right to normal marital life due to illness. The court admitted that hiding the fact of serious mental illness like schizophrenia is fraud. Such marriage can be canceled.
Husband gets justice after 12 years in the ongoing fight since 2013 Advocate Umashankar Acharya, who was the husband’s side in the case, said- the victim’s wife Schizophrenia was suffering from the disease and the fact was deliberately hidden before marriage. This is the only decision of the Divisional Bench in Rajasthan, in which all the cases of maintenance, domestic violence and dowry harassment on the husband, along with declaring the marriage as void, will also become ineffective. This long battle that has been going on since 2013 has finally received justice after 12 years on 31 July.
According to legal experts, this decision is an example in itself in Rajasthan, as the divisional bench freed the husband from all criminal and economic obligations, considering mental illness as the basis of marriage void.
