Case Note & Summary
The appellant husband, Mayank Malhotra, filed two appeals under Section 19 of the Family Courts Act, 1984, challenging a common judgment dated 23.07.2015 of the Family Court at Nagpur. The Family Court had dismissed his petition (A386/13) under Section 12(1)(c) of the Hindu Marriage Act, 1955 for annulment of marriage on the ground of fraud, and allowed the wife's petition (A289/12) under Section 9 of the Act for restitution of conjugal rights, directing the husband to resume cohabitation or pay monthly maintenance of Rs. 20,000. The husband appealed against both orders. The marriage between the parties took place, and after marriage, the husband discovered that the wife was suffering from an incurable skin disease which she had fraudulently suppressed before marriage. The husband filed the annulment petition alleging fraud. The wife filed a written statement but gave only evasive denials without specifically denying the allegations. The husband's counsel argued that under Order VIII Rules 3, 4, and 5 of the Code of Civil Procedure, 1908, such evasive denials amount to admission of the facts pleaded. The High Court agreed, noting that the wife did not specifically deny the existence of the disease or its incurable nature. The Court held that suppression of a material fact like an incurable disease constitutes fraud under Section 12(1)(c) of the Hindu Marriage Act, 1955, as amended in 1977. Consequently, the appeals were allowed, the Family Court's judgment was set aside, the husband's petition for annulment was granted, and the wife's petition for restitution was dismissed.
Headnote
A) Hindu Marriage Act - Annulment of Marriage - Section 12(1)(c) - Fraud - Suppression of Material Facts - The husband sought annulment on the ground that the wife had an incurable skin disease which was fraudulently concealed before marriage. The Family Court dismissed the petition. On appeal, the High Court held that the wife's evasive denial in her written statement amounted to admission of the husband's allegations, and the suppression of a material fact like an incurable disease constituted fraud under Section 12(1)(c). The appeal was allowed and the marriage was annulled. (Paras 3-5) B) Code of Civil Procedure, 1908 - Order VIII Rules 3, 4, 5 - Evasive Denial - Admission - The husband pleaded specific facts regarding the wife's disease. The wife's written statement contained only evasive denials. The Court held that such denials are not sufficient and the facts pleaded by the husband must be treated as admitted under Order VIII Rules 3, 4, and 5 CPC. (Para 3)
Issue of Consideration
Whether the wife's suppression of an incurable skin disease at the time of marriage constitutes fraud under Section 12(1)(c) of the Hindu Marriage Act, 1955, entitling the husband to a decree of nullity.
Final Decision
Both appeals allowed. Family Court's judgment dated 23.07.2015 set aside. Husband's petition for annulment of marriage under Section 12(1)(c) of Hindu Marriage Act, 1955 is granted. Wife's petition for restitution of conjugal rights under Section 9 of the Act is dismissed.
Law Points
- Fraudulent suppression of material facts
- Incurable disease as ground for annulment
- Evasive denial in written statement amounts to admission
- Order VIII Rules 3
- 4
- 5 CPC
