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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Ankit Verma S/o Shri Mukesh Verma – Appellant
Versus
Ankita Verma W/o Shri Ankit Verma – Respondent
JUDGMENT :
Sanjay Kumar Jaiswal, J.
1.The instant appeal is filed by the husband against the order dated 27.04.2023 passed by the learned Judge, Family Court, District – Jashpur (C.G.) in Civil Suit No. 4-A/2023 (Ankit Verma Vs. Smt. Ankita Verma & Another) whereby the application under Section 12(1)(b) of the Hindu Marriage Act filed by the husband (appellant) has been dismissed.
2.Brief facts of the case are that the marriage between the appellant and respondent No. 1 was solemnized on 23.01.2022 at Central Point Hotel, Korba, as per the Hindu rites & rituals. Thereafter, respondent No. 1 started cohabitation with the appellant at Korba. Soon after one month of the date of the marriage, respondent No. 1 in the intervening night of 27-28.02.2022 at about 2:00 am, started acting weird and was very aggressive in her behaviour. She turned off the fan and exhaust of the room and also threw the blankets in the night. The entire episode lasted for around 2-3 hours and during this time, she also assaulted the appellant. The very next day i.e. on 28.02.2022, she climbed on a tree in the courtyard and started eating raw leaves. The attack of insanity and weird behaviour on respondent No. 1 le
Concealment of a mental disorder in marriage constitutes fraud, justifying annulment under Section 12(1)(b) of the Hindu Marriage Act.
Failure to prove serious mental illness or fraud in marriage annulment under Hindu Marriage Act, emphasizing strict evidentiary standards.
A party must provide clear and convincing evidence, including expert testimony, to establish grounds for annulment of marriage due to mental illness under the Hindu Marriage Act.
The Court held that mere existence of mental disorder is insufficient for a divorce decree; sufficient evidence proving the severity affecting marital life is necessary.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
The appellant failed to prove grounds for divorce based on insanity or cruelty under the Hindu Marriage Act, 1955, as required by law.
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