A marriage cannot be annulled on the ground of mental incapacity unless the petitioner provides clear and cogent expert evidence establishing that the respondent is incapable of understanding the obligations of the marital bond. The burden of proof rests heavily on the party seeking to challenge the marriage.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 06.05.2024 and decree signed on 17.05.2024 passed by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad in Original Suit No. 574 of 2022, whereby and whereunder, the suit filed by the petitioner-appellant [husband] for decree of dissolution of marriage on the ground that marriage is null and void under Section divorce u/s 12(1)(b) read with Section 5(ii)(b) of the of Hindu Marriage Act, has been dismissed.

Factual Aspect

2. The brief facts of the case, leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order as emanated from the plaint, needs to be referred herein, which reads as under:

3. Appellant is legally married with the respondent and their marriage was solemnized on 28-11-2021 at Panchkut Resort, Dhanbad, according to Hindu Rites and Customs. After the marriage both the petitioner-appellant and respondent had been living together as wife and husband at Dhanbad. Out of the wedlock there was no child. It is further stated that at the time of marriage the petitioner-appellant found the respondent was suffering from Mental illness during SAPTAPADI and also recurrent insanity and not fit for marriage.

4. It is further stated that the Brahmins who were solemnizing the marriage were also consoling both the family as to overcoming the recurrent insanity of wedding respondent spouse. It is further stated that the petitioner's elderly people were being highly embarrassed seeing such mental illness-cum-insanity of the respondent wife. It is further stated that the petitioner-appellant at the wedding time prior to Saptapadi was at his wife's end found himself anxious and felt deceived and perplexed to the extent seeing hers recurrent attacks of insanity of giving her valid consent, suffering from mental disorder. It is further stated that after marriage the respondent was brought by the petitioner at her matrimonial house to lead a happy conjugal life and for that a special room was booked in a Cocoon Luxury hotel in Dhanbad to spend and enjoys a first night with respondent but all goes in vain when she resisted to cohabit with the petitioner.

5. It is further stated that on 28-01-2022 the petitioner received one doctor's prescription dated 23-01-2022 through his Whatsapp and when he enquired from sender who is maternal father-in-law then he was informed that Dr. Konika Mitra is a psychiatrist and when he again put up question that why his wife is under the treatment of psychiatrists then he stated that the respondent's mental condition is not well. It is further stated that thereafter, petitioner-appellant made contact with Dr. Anirban Roy and when he showed that medical report of his respondent-wife, the said doctor stated that she has mental problem and for proper treatment he needs to know the back history of his wife but the respondent's father as well as other family members despite of request till date has not furnished the back history for the treatment of the respondent and even