Holding

The appellant failed to discharge the heavy burden of proving that the wife's mental disorder rendered her unfit for marriage and procreation, so the High Court's judgment stands and the appeal is dismissed.

Summary

The husband filed a petition under Section 5(ii) read with Section 12(1)(b) of the Hindu Marriage Act seeking a declaration that his marriage was null and void because his wife allegedly suffered a chronic, incurable mental disorder and refused cohabitation. The trial court dismissed the petition for lack of proof; the appellate court reversed, accepting the husband's claim of no cohabitation and the wife's mental illness. The High Court restored the trial court's decision, holding that the husband was aware of the wife's condition before marriage and that there was no fraud. On special leave, the Supreme Court examined whether the husband had discharged the heavy burden of proving that the wife's disorder made her unfit for marriage and procreation. It held that the evidence was insufficient, the High Court had not erred, and there was no ground to remit the matter; consequently, the appeal was dismissed.

Issues considered

Whether the appellant proved that the respondent suffered a mental disorder of such a kind or extent as to be unfit for marriage and procreation under Section 5(ii)(b) of the Hindu Marriage Act.
Whether the absence of cohabitation for a short period suffices to establish unfitness for marriage.
Whether the High Court failed to formulate a question of law as required by Section 100 of the CPC.
Whether the Supreme Court should remit the case to the High Court for fresh disposal.

Legislation cited

Code of Civil Procedure, 1908s. 100
Constitution of Indias. 136
Hindu Marriage Act, 1955s. 12(1)(b), s. 5(ii)

Subjects

Hindu marriagevoidable marriagemental disorderannulmentSection 5(ii)Section 12(1)(b)burden of proofcohabitationSupreme CourtArticle 136CPC Section 100

Judgment

R.LAKSHMJNARAYAN A

SAN THI

MAY I, 2001

[D.P. MOHAPATRA AND UMESH C. BANERJEE, JJ.J B

Hindu Marriage Act, 1955-Sections 5(ii) and 12(l)(h):

Declaration of marriage null and void-Wife suffering from mental
disorder and refusing to have cohabitation with husband-Establishment C
of-Helc;f. husband failed to establish that the ailment suffered by wife is of
such a kind or such an extent that it is impossible for her to lead a normal
married life. "

Civil Procedure Code, 1908-Section JOO.
D
Non-formulation of question of law by High Court-Held, on facts, it
is not expedient to remit the matter back to High Court for fresh disposal-
Constitution of India, 1950 Article 136.

Appellant and respondent were married according to Hindu rites. After

.. staying together for few days, they parted company. Appellant-husband filed
a petition before Trial Court under Section 5(ii) read with Section 12(1)(b)
of the Hindu Marriage Act, 1955 seeking declaration to treat the marriage
null and void as the respondent-wife was suffering from chronic and incurable
E

mental disorder and is not in a fit mental state to lead a married life and that
she refused to have marital relationship. The Trial Court dismissed the
petition. Appellate Court allowed the appeal of the appellant on the findings F
that there was no cohabitation between them and that the respondent was

- suffering from mentle disorder from her childhood. On appeal by the
respondent, High Court reversed the judgment of the Appellate Court holding
that the appellant was aware of the physical and mental disorder of the
respondent before the marriage and that the marriage was not vitiated by G
' . fraud or misrepresentation.

Dismissing the appeal, the Court

HELD: I.I. On a plain reading of Section 5(ii) of the Hindu Marriage
Act, 1955, it is manifest that the conditions prescribed in the section, if H'
329
330 SUPREME COURT REPORTS [200 I] 3 S.C.R.

A established, disentitles the party to a valid marriage. The marriage is not per
se void but voidable under Section 12(1 )(b) of the Act. Such conditions call -io
• i-

for strict standard of proof. An objection to a marriage on the ground of
mental incapacity must depend on a question of degree of the defect in order #

to rebut the validity of a marriage, which has taken place. The onus of proof
lies heavily on the petitioner, who seeks annulment of the marriage on the
B ground of unsoundness of mind or mental disorder. (334-C)

1.2. It cannot be said that the respondent has been suffering from mental
disorder of such a kind or to such an extent as to be unfit for marriage and

c
procreation of children. To draw such an inference merely from the fact that
the spouses had no cohabitation for a short period of about a month is neither
"'
reasonable nor permissible. To brand the wife as unfit for marriage and
procreation of children on account of the mental disorder, it needs to be
established that the ailment suffered by her is of such a kind or such an
extent that it is impossible for her to lead a normal married life, which 1is
the requirement under the provisions of the Act. The findings of the Appellate
D Court is not sufficient to comply with the condition prescribed under Section
5(ii) (b) of the Act. [334-H; 335-A-B)
~

2. The High Court has. not formulated any question of law in the
judgment, which is a mandatory requirement under Section 100 C.P.C. The
High Court has also not considered the relevant aspects of the matter other
\ ·-
E
than fraud and misrepresentation about mental condition of the respondent
on the part of her parents at the time of the marriage. On facts and
circumstances of the case, it is not expedient .to remit the matter back to the
High Court for fresh disposal. From the materials placed on record, this is
not a fit case for interfering with the judgment of the High Court in exercise
F of jurisdiction under Article 136 of the Constitution. [335-D-FI

CIVIL APPELLATE JURISDIC_TION : Civil Appeal No. 5028 of
1999.

From the Judgment and Order dated 25th Nov., 1988 of the Madras High
G Court in Civil Misc. Second Appeal No. 44/91. • I

V. Prabhakar, Ms. Revathy Raghavan and Rakesh Garg for the Appellant.

A TM Sampath for the Respondent.

H The Judgment of the Court was delivered by
R. LAKSHMI NARAYAN v. SANTHI [MOHAPATRA, J.] 331

.,,
\
l D.P. MOHAPATRA, J. On analysis of the case of the parties and the A
contentions raised by learned counsel on their behalf, the question that arises
4- for determination is whether the appellant has established a case for declaring
the marriage null and void under Section 12(1)(b) read with Section 5(ii) of the
Hindu Marriage Act, 1955?

The appellant is the husband of the respondent. They were married B,
according to Hindu rites and rituals on 1-11-1987. It is relevant to note here
that it was an arranged marriage and the decision was taken after th~ appellant
had met the respondent and talked with her. After staying together for about
.-\ 25 days the couple parted company. Thereafter the appellant filed a petition
under Section 5(ii) read with Section 12(l)(b) on 12.2.1988 seeking a declaration
that the marriage is null and void as the respondent suffers from chronic and
c
incurable mental disorder and is not in a fit mental state to lead a married life.
In support of his case the appellant alleged inter alia that on the night of
the marriage he found respondent to be drowsy; she refused to have
cohabitation; on being questioned by him she said that she has been suffering
from mental disorder since her childhood; she did not want to have any D'
marriage relationship, but under pressure from her parents the marriage with
the appellant was performed. The appellant further alleged that when father
.,J_
of the respondent was iriformed about her physical and mental condition he
disclosed that his daughter has been under treatment for some mental disease
and gave the prescriptiop given by the doctor. The appellant pie' :ed that he E
and his father made attempts for curing the respondent of the aib'ttent suffered
by her but such attempts proved futile. Under such compelling circumstances
he filed the petition seeking the declaration that the marriage was null and
void.

Respondent in her written statement refuted the allegations made in the F
petition/plaint. She denied that she suffered from any mental disorder, far less
of a chronic and incurable nature. She also denied that she had no cohabitation
with her husband or that she had expressed that she was not interested in
leading married life. She asserted that immediately after the marriage she and
her husband lead a happy married life; they went to different places and
visited temples. She also asserted that she has all along been ready and
G
willing to lead a normal marital life with the appellant; but the appellant is
• interested in having a second marriage so that he may get more dowry.
According to the respondent the reason for which she has not been able to
lead a normal family life is on account of refusal of the appellant to share the
marital relationship with her. H
332 SUPREME COURT REPORTS [2001] 3 S.C.R.

A The trial court on assessing the evidence on record dismissed the
petition filed by the appellant holding, inter a/ia, that he had failed to
~ establis~ that the respondent was suffering from any mental disorder or that
·' ·- there was no cohabitation or that the respondent was not in a fit mental state
to lead a married life. The trial court which had the privilege of observing the
B respondent as a witness and watching her demeanor made the following
observations in the judgment:

"The'respondent was examined in this court from 11.25 a.m. to 1.25
p.m. During the enquiry; it did not appear from her activities that her
mental condition and activities had been affected. She has given ··'f-
answer very clearly to the questions posed by the petitioner's
c advocate. This court is not a medical expert. But there was an
opportunity to watch the activities and movements of the respondent.
Since it is not proved from the activities and the letters of the
respondent that she had incurable mental disease and since the marital
relationship is fulfilled by the cohabitation between the petitioner and
D the respondent, it is decided that the respondent is fit for marital
relationship and she is not affected by mental disease. Since the
petition is filed within a year from 1.11.1987, the date of marriage, this
petition is not sustainable under law and it is decided that this marriage
is not fit to be declared null and void."

E On appeal by the appellant the appellate court found fault with the
judgment of the trial court on the ground that the trial judge had not considered
the documentary evidence in the case inc;luding the prescription issued by
Dr. Papa Kumari of Chennai. The Court held that within a few days of the
marriage the spouses had parted company and thereafter there has been no
F meeting between them. The appellate court accepted the case of the appellant
that there was no cohabitation between the parties to the marriage. Taking
note of certain statements made by the respondent in her evidence the
appellate court found that she has admitted that she has been suffering from
a mental disorder from her childhood; that .she was given injection once in
a month and used to take drugs whenever she had headache. On such
G findings the appellate court reversed the judgment of the trial court and
allowed the petition filed by the appellant.

The second appeal filed by the respondent was allowed by the High
Court, the judgment of the first appellate court was reversed and the judgment
of the trial court was restored. The High Court, as appears on perusal of the
H judgment, mainly considered the question whether the appellant was aware
R. LAKSHMI NARAYAN v. SANTHI [MOHAPATRA, J.] 333

of the physical and mental disorder of the respondent before the marriage. A
The High Court held that the marriage was not vitiated by fraud or
misrepresentation. The appellant (husband) had opportunity to meet the
respondent (wife) and to know her physical and mental condition. The Court
did not accept the case of the appellant that the respondent was suffering
from chronic and incurable mental disorder and that there was no cohabitation
between the parties. B

The appellant husband has filed this appeal by special leave under
Article 136 of the Constitution, assailing the judgment of the High Court.

Since the decision in the case depends on interpretation of Section 5(ii) C
(a) and (b) and Section 12(1)(b) the said sections are quoted hereunder for
convenience of reference :

"5. Conditions for a Hindu marriage - A marriage may be solemnized
between any two Hindus, if the following conditions are fulfilled,
namely:- D
(i) Xxx xxx xxx

(ii) at the time of the marriage, neither party -

(a) is incapable of giving a valid consent to it in consequence E
of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering
from mental disorder of such a kind or to such an extent as
to be unfit for marriage and the procreation of children;

12. Voidable Marriages -(1) Any marriage solemnized, whether F
before or after the commencement of this Act, shall be voidable
and may be annulled by a decree of nullity on any of the following
grounds, namely -

xxx xxx xxxx
G
(b) that the marriage is in contravention of the conditions specified
in clause (ii) of section 5."

Section 5 provides that a marriage may be solemnized between any two
Hindus if the conditions specified in the section are fulfilled. Amongst the
other conditions stated therein in sub-section (ii) it is laid down that at the H
334 SUPREME COURT REPORTS [2001] 3 S.C.R.

A time of marriage neither party i~ incapable of giving a valid consent to it in
consequence of unsoundness of mind or though capable of giving a valid
consent, has been suffering from mental disorder of such a kind or to such
an extent as to be unfit for marriage and the procreation of children. The
clause lays down as one of the conditions for a Hindu marriage that neither
party must be suffering from unsoundness of mind, mental disorder, insanity
B or epilepsy and Section 12(l)(b) refers that any marriage shall be voidable and
may be annulled if the marriage is in contravention of the condition specified
in clause (ii) of Section 5. On a plain reading of the said provision it is
manifest that the conditions prescribed in that section, if established, disentitles
the party to a valid marriage. The marriage is not per se void but voidable
C under the clause. Such conditions in the very nature of things call for strict
standard of proof. The onus of proof is very heavy on the party who
approaches the Court for breaking a marriage already solemnized.

An objection to a marriage on the ground of mental incapacity must
depend on a question of degree of the defect in order to rebut the validity
D of a marriage which has in fact taken place. As noted earlier, the onus of
bringing a case under this clause lies heavily on the petitioner who seeks
annulment of the marriage on the ground of unsoundness of mind or mental
disorder. The court will examine the matter with all possible care and anxiety.

E Bearing in mind the principles which flow from a fair reading of the
statutory provisions noted above we proceed to examine whether the appellant
has succeeded in establishing the case for declaring the marriage null and
void on the ground of mental incapacity of his wife at the time of marriage.
Even accepting the findings recorded by the first appellate court which
decided the case in favour of the appellant as correct then the position that
F emerges is that the respondent has been under treatment for some mental
problem before the marriage; and that there was no cohabitation between the
parties during the period of about one month during which they stayed
together. On these findings can it be held that a case for declaring the
marriage to be invalid under Section 12(l)(b) rea.d with Section 5 (ii)(b) has
G been established. It is not the case of the appellant that the respondent was
incapable of giving valid consent to the marriage in consequence of
um;oundness of mind at the time of marriage. From the facts found by the
appellate court it cannot be held that the respondent has been suffering from
mental disorder of such a kind or to such an extent as to be unfit for marriage
and procreation of children. To draw such an inference merely from the fact
H that the spouses had no cohabitation for a short period of about a month,
R. LAKSHMI NARAYAN v. SANTHI [MOHAPATRA, J.] 335
is neither reasonable nor permissible. To brand the wife as unfit for marriage A
and procreation of children on account of the mental disorder it needs to be
established that the ailment suffered by her is of such a kind or such an extent
that it is impossible for her to lead a normal married life. This is the requirement
of the law as appears on fair reading of the statutory provisions. The appellate
court has also not specifically given such a finding. Merely giving a finding B
that the respondent was suffering from some mental disorder and she did not
have cohabitation with her husband during the period they stayed together
is not sufficient to comply with the condition prescribed under Section S(ii)(b)
of the Act. We deem it relevant to note here that the observations in the
judgment of the trial court about the physical and mental condition of the
respondent which have been noted earlier indicates the position that the C
requirement of Section S(ii)(b) are far from satisfied from the materials placed
by the appellant. In the circumstances the High Court cannot be faulted for
having dismissed the petition filed by the appellant under Section 12(l)(b)
read with Section S(ii)(b) of the Act. The judgment of the High Court is no
doubt far from satisfactory. The High Court has not formulated any question
of law in the judgment which is a mandatory requ\rement under Section 100 D
C.P.C. The High Court has also not considered the relevant aspects of the
matter other than fraud and misrepresentation about mental condition of the
respondent on the part 0f her parents at the time of the marriage. We have
considered the submission made by learned counsel for the appellant to remit
the matter to the High Court for fresh disposal. We however, in the facts as t
above, do not feel it expedient to do so.Our attention has not been drawn to
any material on record which, if considered, would have tilted the balance in
favour of the appellant. It is our considered view that on the facts and
circumstances of the case and the materials placed on record this is not a fit
case for interfering with the judgment of the High Court in exercise of
jurisdiction under Article 136 of the Constitution. F
Accordingly the appeal is dismissed, but in the circumstances of the
case without any order of costs.

B.S. Appeal dismissed.