NILESH @ PRAVIN v AMRUTA W/O NILESH SUPEKAR, Family Court Appeal No. 92 of 2023; 2025:BHC-AUG:25674-DB, September 22, 2025 (Reserved on August 18, 2025)
Facts:
After marriage, husband observed wife sleeping for longer periods, frequently urinating in bed, falling unconscious, unable to complete assigned work, unresponsive to conversations; Medical examination revealed cerebral palsy; Wife's family members gave evasive answers when questioned; Doctor at Jalgaon and Aurangabad confirmed incurable condition; Legal notice sent October 20, 2018.
Issues:
Whether the Family Court was justified in entertaining the divorce petition filed under Section 13 of the Hindu Marriage Act within one year of the marriage, considering the bar under Section 14 of the Act.
Whether the appellant-husband could seek nullity of marriage under Section 12(1)(c) of the Hindu Marriage Act on the ground of fraud in the absence of a specific prayer to that effect in the original petition.
Whether the appellant-husband's claims in his petition, despite being filed under Section 13 of the Act, could be regarded as falling under the purview of Section 12(1)(c) of the Act concerning fraud and material fact suppression.
Whether the respondent-wife was suffering from cerebral palsy, an incurable neurological condition, and if so, whether this fact was deliberately suppressed from the appellant-husband prior to the marriage.
Whether the respondent-wife's family members' concealment of her cerebral palsy and mental state qualifies as fraud under Section 12(1)(c) of the Hindu Marriage Act.
Whether, based on the pleadings and evidence on file, a decree of nullity of marriage can be granted even in the absence of a specific prayer to that effect.
Whether it was incorrect for the Family Court to note that cerebral palsy only affects bodily movements and does not qualify as a mental illness that would prohibit the respondent-wife from carrying out her marital duties.
Whether the non-disclosure of an incurable disease prior to marriage constitutes a material fact, the suppression of which entitles the aggrieved spouse to seek annulment of marriage.
Ruling:
Appeal allowed; Judgment and decree of Family Court dated August 17, 2023, quashed and set aside; Marriage between parties solemnized on April 28, 2018, declared null and void from date of order (September 22, 2025). Suppression of incurable disease before marriage constitutes fraud under Section 12(1)(c) of Hindu Marriage Act; Informed consent fundamental to valid marriage; Material facts influencing decision to marry must be disclosed; Court can grant relief under provision covered by pleadings by implication even without specific prayer; Cerebral palsy with intellectual deformity is material fact requiring disclosure; Fraudulent concealment renders marriage voidable at instance of aggrieved party.
Cerebral palsy is paralysis of brain, not merely body movement issue; Involves underdevelopment of brain with mild intellectual deformity; Though non-progressive and may not interfere with marital life or sexual pleasure, suppression of such incurable condition constitutes fraud; Requires supportive environment for care.
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