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2017 Supreme(AP) 853
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C. PRAVEEN KUMAR, P. KESHAVA RAO, JJ.
T. Venkata Govardhana Mani - Appellants
Vs.
Kolluru Ramachandra Sekhar - Respondent
F.C.A. No. 240 of 2009
Decided On : 22-12-2017
For the Appellant : S. Ram Sharma
For the Respondents: V. Hari Haran
Headnote:
Hindu Marriage Act - Section 12(1)(a), (b) and (c) - Marriage annulment - Unsoundness of spouse - Present appeal is filed by the appellant-wife who is the respondent - Respondent herein filed petition in O.P. under Section 12(1)(a), (b) and (c) of the Act to declare the marriage between him and the appellant herein as null and void by annulling the marriage against the appellant herein, on the file of the Court of the Family Judge - Held, As culled out from the oral as well as documentary evidence, it is established that at the time of performing the marriage, the factum of the appellant suffering from schizophrenia was suppressed and the respondent was made to give his consent for the marriage - In fact, the aspect of appellant suffering from schizophrenia was observed by the respondent, his parents and relatives only during the course of pre and post marriage ceremonies, since the behavior of the appellant was unbecoming of a normal woman/housewife - It is crystal clear that in the first instance the consent of the respondent for the marriage was obtained by playing fraud on him in concealing the fact that the appellant was suffering from chronic schizophrenia. Secondly, the chronic history of patients of schizophrenia discloses that the behavior and conduct is contrary to a normal human being and as per the evidence of PW.6, the patient is not fit to lead a normal marital life - That apart, since the appellant is suffering from catatonic schizophrenia and since the same is not curable, it can be safely inferred/presumed relying on the evidence that is brought on record that the appellant was also not in a position to give her consent for the marriage - On these grounds, this Court feels that it is a fit case where the marriage between the appellant as well as the respondent can be annulled on the grounds as mentioned in Section 12 of the Act - Therefore, this Court finds that there is no irregularity or illegality in the order passed by the Court below in allowing the petition by annulling the marriage between the appellant and the respondent - Appeal dismissed.
Key Points: - The court held that fraud to conceal a pre-existing schizophrenia can vitiate consent and support annulment under Section 12(1)(c) and related provisions [2000494590020][2000494590027] - The evidence showed the appellant suffered from catatonic schizophrenia prior to and at the time of marriage, affecting her fitness for marriage and marital life; this supported annulment [2000494590024][2000494590025][2000494590026] - The petition under Section 12(1)(a)(b)(c) was upheld, and the marriage was declared null and void; appeal dismissed [2000494590004][2000494590006]
What is the grounds for annulling a marriage under Section 12(1)(a), (b) and (c) of the Hindu Marriage Act as alleged in this case?
What is the effect of fraud or concealment of a mental illness (schizophrenia) on the validity of consent for marriage under Section 12(1)(c) and Section 5(2) of the Hindu Marriage Act?
What standard of proof is required to establish unsoundness of mind or mental illness as a ground for annulment of marriage under the Hindu Marriage Act?
P. Keshava Rao, J.
1. Heard the learned counsel for the appellant as well as the respondent. The present appeal is filed by the appellant-wife who is the respondent in the court below against the order and decree in O.P. No. 603 of 2008 on the file of the Court of the Family Judge, Ranga Reddy at L.B. Nagar, Hyderabad annulling the marriage of the appellant with the respondent herein.
2. The facts of the case are that originally the respondent herein filed petition in O.P. No. 603 of 2008 under Section 12(1)(a), (b) and (c) of Hindu Marriage Act to declare the marriage between him and the appellant herein as null and void by annulling the marriage against the appellant herein, on the file of the Court of the Family Judge, Ranga Reddy at L.B. Nagar, Hyderabad.
3. It is the case of the respondent herein that his marriage was performed with the appellant herein on 28.08.2005 at Koundinya Club, Medchal Road, Secunderabad according to Hindu Rights. The marriage was arranged in response to the matrimonial insertion made by the appellant's father. Before marriage there was a preliminary exchange of information between both the families in the first week of April, 2005. During the said meeting, the appellant has not communicated anything and her parents explained that she is very shy by nature and does not communicate much. When the appellant was invited for selection of sarees for the wedding, she did not show much interest in purchasing sarees and other material. On the other hand, she insisted that she would make her purchases separately. On 04.08.2005 he went to the residence of the appellant and at that time, he noticed that the appellant was telling her parents that the respondent is not the person whom she had seen or got engaged to. However, the appellant's parents brushed it aside as a joke and the respondent did not pay much attention to it. Even on his visit on 14.08.2005, the appellant reiterated the same. On the explanation given by the parents of the appellant, the respondent ignored the same in good faith. Even on 21.08.2005 when the respondent visited the appellant's house, he faced the same situation. The respondent requested the parents of the appellant to send her for a picture, they declined for the same. On 27.08.2005 during 'Yedurukollu Ceremony', the respondent was going through the ceremony mechanically and compulsorily without showing any interest. On the day of marriage, the respondent has noticed that the appellant was while being escorted for performing the Gowri Pooja, fell on the staircase and became unconscious. On such incident, in order to wake up the appellant, she was slapped by her relatives and was revived. When the respondent made enquiries, it was informed that because of irregular lunch and because of administration of some medicines to postpone the menstrual cycle, such incident has happened. Even during the Gowri Pooja, the appellant was continuously weeping and keeping to herself behaving wildly even throwing flowers and Akshinthalu in a disorderly way. Even during the course of marriage ceremony, the appellant refused to have a photograph with the respondent or his relatives and friends. The appellant refused to accompany the respondent for Gruhapravesham ceremony at his house and for which she was persuaded hard to come. At that time, for the first time the respondent and his parents and relatives were able to observe the appellant at close quarters and seen that she was not able to manage herself and her maternal aunt who accompanied the appellant was found brushing her teeth, giving her bath and helping her out in all respects. Even on the night, the appellant slept along with maternal aunt on single cot by hugging her even though separate cots were provided to them. On the following day i.e. on 29.08.2005 when Satyanarayana Vratham was being performed, the appellant fell down again and became unconscious and again she was waken up by slapping her. The parents of the appellant admi
