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Bombay High Court Annuls 2018 Marriage Over Non-Disclosure of Wife’s Cerebral Palsy

The Aurangabad bench ruled that concealing an incurable condition was a material fact that invalidated consent under Section 12(1)(c) of the Hindu Marriage Act.

Overview

  • A division bench of Justices Nitin B. Suryawanshi and Sandipkumar C. More set aside a Family Court’s August 17, 2023 dismissal and declared the marriage null and void.
  • The court relied on a government medical board member’s evidence that the wife’s cerebral palsy has been present since birth and is not curable.
  • It held that suppression of the condition by the wife’s family before the April 2018 wedding amounted to fraud permitting nullity under Section 12(1)(c).
  • The judgment notes the couple cohabited for about six to seven months before the wife began living with her parents.
  • Reports diverge on alimony, with Indian Express saying the woman can seek permanent alimony and LiveLaw stating the court did not address financial relief.