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.

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 part of the respondent, such as shouting, damaging household items, using abusive language, and beating the children without reason. On enquiry, the respondent was found to be taking psychiatric medicines, though she initially claimed they were multivitamins. The appellant later got her medically examined, and she was diagnosed with schizophrenia, a serious mental illness. The appellant claimed that this condition existed since birth and was deliberately concealed by the respondent and her family. Despite several efforts to manage her condition and seek reconciliation, the respondent eventually left the matrimonial home in October 2018 with one of the daughters and never returned.

3. Thereafter, the appellant filed a application under Section 12 of the Act of 1955, seeking annulment of marriage on the ground of fraud and, in the alternative, sought divorce on the ground of cruelty. The matter was registered as Civil Suit No.171/2022 before the Family Court, Durg. Despite repeated notices, the respondent failed to appear, and was proceeded exparte on 06.07.2022.

4. Thereafter, the appellant led evidence and examined witnesses. The learned Family Court, after considering the pleadings of the appellant-husband and evaluating the evidence adduced by him, dismissed the application for divorce vide order dated 04.01.2023 on the ground that the appellant has failed to prove that the respondent was suffering from Schizophrenia since birth.

5. Mr. Tapan Kumar Chandra, learned counsel for the appellant submits that the respondent and her family members deliberately suppressed the material fact regarding her mental illness i.e. Schizophrenia, which she had been suffering from since birth. This suppression of a serious mental disorder at the time of marriage amounts to fraud within the meaning of Section 12(1)(c) of the Act of 1955, rendering the marriage voidable. He further submits that the appellant has duly proved the allegation of cruelty against the respondent-wife. It is contended that although the marriage between the parties could not be annulled under Section 12 of the Act of 1955 due to certain evi