Fraud and Informed Consent: Key Hindu Marriage Act Ruling on Disease Concealment in Bombay High Court

Case title: NHS vs ANS (Family Court Appeal 92 of 2023). 

"In law, as in love, honesty is the cornerstone. Concealing a material fact can crumble the very foundation of a marital bond." - A Lawttorney's Perspective.

Introduction to the Case:

The case involved an appeal by a husband whose petition for divorce was dismissed by a Family Court. The husband alleged that his wife and her family had deliberately concealed the fact that she suffered from cerebral palsy, a congenital and incurable neurological disorder, before their marriage in April 2018. He discovered her condition shortly after the wedding upon noticing her "abnormal behaviour", which included prolonged sleep, bedwetting, and frequent unconsciousness. Medical examinations confirmed the diagnosis of cerebral palsy.

The Family Court had dismissed the husband's plea, noting that the wife had behaved normally during the engagement and wedding ceremonies. However, the High Court bench, comprising Justices Nitin Suryawanshi and Sandipkumar More, overturned this decision, holding that the suppression of this material fact amounted to fraud.

Legal Context and the High Court's Rationale:

The High Court's decision hinged on the interpretation of Section 12(1)(c) of the Hindu Marriage Act, 1955. This provision allows for a marriage to be declared null and void if the consent of the petitioner was obtained by force or by fraud as to the nature of the ceremony or any material fact or circumstance concerning the respondent.

The key legal arguments and the court's reasoning were as follows:

• Suppression as Fraud: The High Court emphasized that the core issue was not the existence of the disease itself, but the deliberate concealment of it. The bench observed that had the husband been aware of his wife's incurable condition, he might have reconsidered his consent to the marriage. This suppression of a material fact directly impacted the validity of his consent, thereby constituting fraud under the Act.

• Materiality of the Fact: The court deemed the fact of the wife suffering from an incurable disease like cerebral palsy to be a "material fact." A material fact in this context is any information that would be essential for a person to make an informed decision about entering the marriage.

• Overruling the Family Court: The High Court found that the Family Court had "definitely erred" by not considering the aspect of suppression of the incurable disease. The bench clarified that the wife's normal behavior during the wedding ceremonies did not negate the fraudulent concealment of her medical condition.

• Voidable Marriage: It is important to note that under Section 12 of the Hindu Marriage Act, a marriage where consent is obtained by fraud is voidable, not void ab initio (void from the beginning). This means the marriage is considered valid until the aggrieved party successfully obtains a decree of nullity from the court.

Summary of the case by Lawttorney:

The Bombay High Court, in a significant ruling, has held that the suppression of an incurable disease like cerebral palsy by a spouse before marriage constitutes fraud and is a valid ground for the other spouse to seek annulment of the marriage under the Hindu Marriage Act, 1955.

A division bench of Justices Nitin Suryawanshi and Sandipkumar More, sitting at the Aurangabad bench, delivered the judgment while allowing an appeal filed by a husband. The husband had challenged a Family Court order dated August 17, 2023, which had dismissed his petition for divorce on the grounds of cruelty.

The husband contended that his wife and her family had deliberately concealed the fact that she had been suffering from cerebral palsy since birth. He argued that this suppression amounted to fraud under Section 12 (1)(c) of the Hindu Marriage Act, 1955, which pertains to a marriage being voidable if the consent of the petitioner was obtained by fraud.

The High Court observed that the Family Court had erred in its decision by not adequately considering the aspect of suppression of the incurable disease. The bench noted the testimony of a medical expert who confirmed that cerebral palsy is an incurable congenital condition.

The court emphasized that while the disease might not impede a happy marital life, including sexual pleasure, the crucial element was the non-disclosure of this material fact before the marriage. The judgement stated, "Had it been disclosed prior to the marriage, then it would have resulted in the husband having a second thought about whether to go for the marriage. Thus, the suppression of disease 'cerebral palsy' of the wife by her family members prior to the marriage certainly entitles the appellant-husband to seeking nullity of marriage under Section 12 (1)(c) of the Act".

The court further noted that the couple had cohabited for a brief period of only six to seven months, after which the wife returned to her parental home.

In its final order, the High Court quashed and set aside the Family Court's judgment and declared the marriage null and void. The bench, however, clarified that it was not making any pronouncements on the wife's right to claim permanent alimony, which she could pursue through separate legal proceedings.

Way forward:

The Bombay High Court’s decision highlights how suppression of material facts in marriage amounts to fraud under Section 12(1)(c) of the Hindu Marriage Act, 1955, making such a marriage voidable. The judgment reinforces the importance of informed consent and transparent disclosure in legal and personal relationships. Tools like Lawttorney help users easily interpret such legal nuances, by providing access to relevant Acts, case laws and verified AI explanations, ensuring that legal principles like fraud, consent, and voidable marriages are clearly understood and applied with confidence.

“From Fraud to Fairness – Understand Every Legal Truth with Lawttorney.” 

Empower Your Legal Practice with AI – Join Our Free Webinar!

Are you a legal professional looking to boost your efficiency and stay ahead in a competitive field? Discover the power of Lawttorney.AI – the cutting-edge tool designed to streamline legal research, automate tasks, and enhance productivity.

👉 Don't miss out! Reserve your spot in our FREE webinar and experience the future of legal practice today. Register Now