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If  a married couple is living separately for 9 months and one party is mentally unsound and unable to procreate of children then such marriage can be annulled – Delhi High Court.

If  a married couple is living separately for 9 months and one party is mentally unsound and unable to procreate of children then such marriage can be annulled -Delhi High Court.

Under Section 12(1)(d) of Hindu Marriage Act it is stated that any marriage solemnized, shall be voidable and may be annulled by a decree of nullity if any of the party is pregnant by some person other than the spouse, which comes into conflict in several instances one of such case was decided by single judge bench HON’BLE MR. JUSTICE VIPIN SANGHI & HON’BLE MR. JUSTICE JASMEET SINGH in the case of SANDEEP AGGARWAL VS PRIYANKA AGARWAL (MAT.APP(F.C.) 142/2020).The marriage between the appellant and the respondent was solemnized on 10.12.2005.As per the appellant, the marriage between the appellant and the respondent was the outcome of a calculated fraud .According to the appellant; the respondent was, before the marriage, and during the days that she stayed with the appellant, suffering from Acute Schizophrenia. The respondent behaved in a very unusual manner after her marriage in the matrimonial home, as well as during their honeymoon. Consequently, the appellant took the respondent to the doctor, who after examining her referred her prescribed certain medicines. 

The counsel for the petitioner contended that Clause 2(b) of Section 5 provides for one of the conditions for a valid Hindu marriage that neither party must be suffering from unsoundness of mind, mental disorder or insanity. In terms of Section 12(1) (b) of the Act a marriage may be held to be voidable if the other party was suffering from mental disorder or insanity. Section 13(1) (iii) of the Act provides that a party to the marriage may present a petition for dissolution of marriage by a decree of divorce inter alia on the ground that the other party has been incurably of unsound mind.

The counsel for the respondent contended that clause 2(b) of Section 5 provides for one of the conditions for a valid Hindu marriage that neither party must be suffering from unsoundness of mind, mental disorder or insanity. In terms of Section 12(1) (b) of the Act a marriage may be held to be voidable if the other party was suffering from mental disorder .Section 13(1) (iii)  provides that a party to the marriage may present a petition for dissolution of marriage by a decree of divorce inter alia on the ground that the other party has been incurably of unsound mind and petitioner cannot reasonably be expected to live with the respondent.

The High Court of Delhi “the matter has been overshadowed by his love for his daughter, i.e. the respondent, which is only natural and to be expected. However, in the process, unfortunately, the life of the appellant has been ruined and he has remained stuck in this relationship for 16 years without any resolution. In the most important years of his life, when the appellant would have, otherwise, enjoyed marital and conjugal bliss and satisfaction, who appears to have been calling the shots in relation to the matrimonial dispute raised by the appellant. In these circumstances the appeal is allowed.”

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Judgement reviewed by Pratikshya Pattnaik

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