Concealment of material facts, such as an incurable mental illness, which significantly affects the decision to consent to marriage, constitutes fraud under Section 12(1)(c) of the Hindu Marriage Act, 1955.

P. R. BORKAR, J.:- This is an appeal, preferred by a wife, whose marriage with the respondent was annulled by the decree passed on 31-03-2004, by the learned Principal Judge, Family Court, Aurangabad, in Petition No.73 of 2003.

2. Brief facts leading to the decision may be stated as follows. It is no more disputed that marriage of the appellant and the respondent was solemnized on 05-01-2003 at Aurangabad. The marriage was performed as per the custom in the Digambar Sect of Jainism. The respondent/husband was a graduate and doing service as an accountant. The respondent/husband filed petition for annulment of marriage with averments that as per the custom in the community, the bride wears Parda at the time of marriage. The behaviour of the appellant bride was not normal. However, it was stated that she was sleepless and, therefore, the abnormal behaviour might be a temporary phase.

3. It is averred that at the time of Muh Dekhi ceremony, the bridegroom is supposed to offer some gifts in the form of gold ornament to the bride and when the respondent/husband offered a gold chain to the appellant, she refused to accept the same and behaved in abnormal way. She even refused to give any response to the advances made by the respondent/husband and unbolted the bed-room and joined the sisters of the respondent/husband, which was even a rude shock to the sisters. They pushed the appellant into the bed room again. On the next day, attempts for consummation of marriage made also went in vain. There was a ceremony called "Churma". She was staring at a fixed point keeping Pallu of the Sari loose and it was not as per the custom. Her behaviour showed that some thing was being concealed. After three days, the father and sister of the appellant/wife came to take the appellant away. They were informed about the abnormal behaviour of the appellant/ wife and to have medical advice. On 08-01-2003, which was the fourth day after the marriage, the respondent/husband and the appellant's father and sister had taken the appellant to Dr. Barhale. At that time Dr. Barhale asked the father of the appellant/wife what was new problem and Dr. Barhale also disclosed that already the appellant/wife was his patient since June, 1997 and the medication was continued. From Dr. Barhale, the respondent/ husband and his family came to know that the appellant was suffering from acute Schizophrenia which was incurable and categorized as, "ac-exacerbation".

4. It was alleged by the respondent/ husband, who was original petitioner in the Trial Court that the appellant/wife was suffering some Schizophrenia which was incurable. The said fact was suppressed by the appellant's family. It is also alleged that the marriage was not consummated. With these averments, the petition for annulment of marriage was filed in the Family Court at Aurangabad.

5. The appellant/wife filed the written statement denying the allegations that the marriage was not consummated or that there was any concealment. It is denied that the appellant was suffering from any mental disease or schizophrenia which is incurable. It is alleged that it was a settled marriage. The appellant/ wife was meritorious student throughout her career in School and College. However, due to some mishap in the final year examination of graduation, she failed in one subject and there was some mental stress and, therefore, medical aid was provided to the appellant/wife. But even thereafter, the appellant/wife was serving in private sector in different Departments and was getting income and that itself showed that the behaviour of the appellant/wife was very much right and she was not having any mental disorder.

6. It is further stated in the written statement that the parents of the appellant had given complete understanding about the treatment and illness of the appellant before settling the marriage. They had handed over the entire file of the prescriptions advised by doctors and thereafter only the present respondent/ husband

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