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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
| Table of Content |
|---|
| 1. overview of appeal and matrimonial background (Para 1 , 2) |
| 2. filing of petition under hindu marriage act (Para 3) |
| 3. dismissal of application due to lack of evidence (Para 4) |
| 4. appellant's argument on suppression of mental illness (Para 5) |
| 5. respondent's defense against allegations (Para 6) |
| 6. court's rejection of evidence and claims (Para 7 , 8 , 9) |
| 7. requirements for proving mental illness in annulment (Para 10 , 11 , 12) |
| 8. legal burden of proof in annulment cases (Para 13 , 14 , 15 , 16) |
| 9. failure to substantiate mental illness claims (Para 17 , 18) |
| 10. conclusion on proof and call for dismissal (Para 19) |
| 11. final dismissal of appeal (Para 20) |
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
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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