Can hiding health issue before marriage be a ground for divorce?

77 votes

No, this is not a good ground for a divorce under Section 12(1)(c). The Supreme Court recently had categorically held that a husband can't take a divorce based on diabetes or Hypertension as the same is manageable and treatable. Hence this argument shall not stand in the Court of law.

However, if you give us other details of your marriage, we can help you to ascertain if your case has merit under any of the heads enumerated under Section 13 of the Hindu marriage Act.

Section 13 of the Act has been reproduced below for your better understanding.

Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-

i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or

a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

ii. has ceased to be a Hindu by conversion to another religion; or

iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-

a. the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

b.  the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or

iv. has been suffering from a virulent and incurable from of leprosy; or

v. has been suffering from venereal disease in a communicable from; or

vi. has renounced the world by entering any religious order; or

vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

LawRato LawRato

926 votes

Under Section 12(1)(c) of the Hindu Marriage Act, if a party to a marriage is hiding a material fact or circumstance, such as a medical condition, that would have affected the decision to marry, then the aggrieved party can seek a decree of nullity on the ground of fraud. In this case, if you can prove that your wife fraudulently concealed her diabetic condition before the marriage and it is a material fact that would have influenced your decision to marry her, then you may have a case for seeking a decree of nullity.

Similarly, if a person has been hiding a mental illness before marriage and is suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, then the marriage can be declared voidable and annulled by a decree of nullity under clause (b) of Section 12 of the Hindu Marriage Act.

However, the burden of proving the existence of the mental disorder at the time of marriage lies with the person seeking annulment of the marriage. The person must provide evidence to show that the mental illness existed at the time of marriage and was of such a nature that it made the respondent unfit for marriage and the procreation of children.

Additionally, if the petitioner has lived with the other party to the marriage as husband or wife with their full consent after discovering the mental illness, then the petition for annulling the marriage on the ground of mental illness will not be entertained. Furthermore, the court may also take into consideration other factors, such as the length of time that has elapsed since the marriage and the impact of the annulment on any children born out of the marriage, before deciding to grant a decree of nullity.

Advocate Siddhant Sharma LawRato

356 votes

The Delhi High Court ruled on Friday that failure to disclose mental disorders before marriage is fraud. This was done in annulling a 16-year-old marriage.

Advocate Chikirsha Mohanty LawRato