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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Anil Thosar S/o Lt. Trayambak Thosar – Appellant
Versus
Neeta Thosar W/o Anil Thosar – Respondent
Judgment :
Per Amitendra Kishore Prasad, J.
1. By filing this appeal, the appellant has challenged the impugned order dated 04.01.2023 passed in Civil Suit No.171/2022 by the learned Third Additional Principal Judge, Family Court, Durg, Chhattisgarh, whereby the application under Section 12 of the Hindu Marriage Act, 1955 (for short, ‘Act of 1955’) was dismissed. The appellant has prayed for following relief:-
“It is therefore, prayed that, this Hon'ble Court may kindly be pleased to allow this appeal and set aside the impugned order dated 04- 01-2023 (Annexure A-1), and passed the decree in favor of the appellant in the interest of justice.”
2. Brief facts of the case, are that, the marriage between the appellant and the respondent was solemnized on 03.03.2008 at Bhilat, District Durg (C.G.), as per Hindu rites and customs. From the wedlock, two daughters were born, namely Ms. Amrita, aged about 11 years, and Ms. Pranali, aged about 5 years. Before the marriage, the respondent and her family members represented that she was physically and mentally healthy and as such, the appellant consented to the marriage. However, after the marriage, the appellant noticed abnormal behavior on the p
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.
Failure to prove serious mental illness or fraud in marriage annulment under Hindu Marriage Act, emphasizing strict evidentiary standards.
A spouse must prove substantial evidence of severe mental disorder to justify divorce; mere allegations are insufficient.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
Concealment of a mental disorder in marriage constitutes fraud, justifying annulment under Section 12(1)(b) of the Hindu Marriage Act.
Divorce – A dead marriage must be given a decent quietus.
In a case of mental illness Court has adequate power to examine the party or get him examined by a qualified doctor, we are of the opinion that in an appropriate case Court may take recourse to such ....
The central legal point established in the judgment is that the evidence did not support the claim that the respondent's mental illness made it impossible for the petitioner to lead a normal conjugal....
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