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2016 Supreme(Jhk) 1630
IN THE HIGH COURT OF JHARKHAND AT RANCHI
H.C. MISHRA, S.N. PATHAK, JJ.
Kiran Kumari - Appellant
Versus
Sharvan Jha & Anr. - Respondents
First Appeal (D.B.) Nos. 45 and 82 of 2012
Decided On : 07-12-2016
For the Appellant : Vandana Singh.
For the Respondent: Sanjeev Thakur.
The consent for marriage obtained by practicing fraud by suppressing material facts regarding the respondent's illness led to the annulment of the marriage under Section 12(1)(c) of the Hindu Marriage Act.
Headnote:
Fraud - Annulment of Marriage - Hindu Marriage Act - Sections 12(1)(b)&(c)
Fact of the Case:
The petitioner sought annulment of her marriage under Sections 12(1)(b)&(c) of the Hindu Marriage Act, alleging that her husband concealed his mental and physical disorders at the time of marriage. The court below annulled the marriage and directed the respondents to return the marriage gift of Rs. 4,60,000 to the petitioner.
Finding of the Court:
The court found that the respondent-husband had fraudulently concealed his mental illness and physical ailment at the time of marriage, leading to the annulment of the marriage. The court also directed the respondents to return the marriage gift to the petitioner.
Issues: The main issues included whether the marriage was based on fraud as to the concealment of material facts, whether the petitioner was entitled to return the marriage gift, and whether the petitioner was entitled to compensation and marriage expenses.
Ratio Decidendi: The court held that the consent for marriage was obtained by practicing fraud by suppressing the material fact and circumstance regarding the illness of the respondent, leading to the annulment of the marriage under Section 12(1)(c) of the Hindu Marriage Act.
Final Decision: The appeals were dismissed, and the court directed the release of the deposited amount in favor of the petitioner. Each party was ordered to bear their own costs.
H.C. Mishra, J.
Heard learned counsels for the appellants and the learned counsel for the respondents in both the cases.
2. Both these appeals arise out of the common judgment and decree dated 13th February, 2012, passed by the learned Principal Judge, Family Court, Bokaro, in T.M.S. No. 82 of 2005, filed by the petitioner Kiran Kumari, against her husband Sharvan Jha and her father-in-law, Jharkhand Jha, for annulment of the marriage of the petitioner with her husband under Sections 12(1)(b)&(c) of the Hindu Marriage Act, and also for refund the amount of Rs. 5,00,000/- as 'Stridhan' with interest and the marriage expenses. The suit was allowed by the Court below, annulling the marriage between the parties, by a decree of nullity, being voidable marriage, and the respondents were directed to return the amount of Rs. 4,60,000/- to the petitioner within a period of three months. The petitioner-wife is aggrieved as there is no decree in her favour for returning of amount of Rs. 40,000/- given in cash and the other marriage expenses and compensation, whereas the respondents are aggrieved by the entire judgment and decree.
3. The case of the petitioner wife is that the marriage between the parties, i.e., Kiran Kumari and Sharvan Jha was solemnized according to the Hindu rites and customs at Bokaro on 23.5.2005. This was an arranged marriage and at the time of marriage, nothing was informed to the bride's side that the bridegroom was suffering from mental and physical disorder. In the said marriage, rupees five lakhs in form of cheques and cash were given to the respondent, Jharkhand Jha, the father of the bride groom and his two sons, as the gift of marriage. The cheques were encashed by the respondent and his two sons, namely Amrendra Kumar Jha and Ashok Kumar Jha on different dates. Through cheques the sum of Rs. 4,60,000/- was given, whereas Rs. 40,000/- was given in cash on the date of Shagun, i.e., on 20.5.2005. Thereafter, the marriage was solemnized between the parties on 23.5.2005. After the marriage, the bride groom stayed at his in-laws house for performing the Chaturthi, according to the Mithila customs. On 29.5.2005, it was noticed that the husband was unable to perform his routine works on his own. He was unable to button or unbutton his shirt, unable to take meal with spoon due to trembling of hands and his movement became very slow as he could not walk fast. The brother of the bride, namely, Dr. Vijay Chandra Jha, who is a Heart Specialist at Escorts Hospital at New Delhi, inquired upon the matter, whereupon, the respondent-husband disclosed that he was suffering from Bipolar Mood Disorder (mania) and he was taking Lithium tablets on the recommendation of the doctor of Suyash Hospital Pvt. Ltd., Indore, where he was admitted for treatment of the disease from 20.7.2004 to 28.7.2004. The respondent-husband thereafter went with the brother of the bride to his parental house at Sector VIII/B, Bokaro, and handed over his medical prescriptions. From the medical prescriptions, they came to know that the respondent-husband was suffering from Bipolar Mood Disorder (mania) and he was also having the Astrial Septal Defect (ASD), i.e., the hole in the heart. The respondent-husband also informed that for the last one week, he could not take Lithium tablet, and his disease re-appeared due to non-taking of tablets and salty food during the period of Chaturthi and he admitted that these facts were knowingly suppressed at the time of settlement of marriage with a greed to get a nurse-wife (as the wife was working as a Nurse in a Heart Hospital in Delhi), and Heart Specialist as his brother-in-law. After coming to know about these diseases and the fact that the marriage was performed after fraudulently obtaining the consent of the parents of the bride, a Panchayati was also held, in which, they agreed for annulling the marriage and also returning the money but the money was not returned. Hence, the suit for annulment of the ma
