Case Note & Summary
The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, dated 5 July 2011, which dismissed his petition seeking a declaration that his marriage with the respondent wife, Pallavi Ambhore, was null and void under Section 12(1)(c) of the Hindu Marriage Act, 1955, and alternatively, for a decree of divorce under Section 13(1)(ia) and (v) of the Act on grounds of cruelty and desertion. The parties were married on 10 June 2009 at Khamgaon as per Buddhist customs. After marriage, the wife resided in the matrimonial home at Akola. Within three months, the wife was taken by her mother and sister to Khamgaon for rest. On 11 October 2009, the husband received a call from the wife's father informing him that the wife was hospitalized. The husband went to Khamgaon and learned that the wife was suffering from a serious health issue. She was referred to Ashok Hospital at Akola on 14 October 2009, where tests including CT scan, X-ray, and blood reports were conducted. Dr. Agrawal suggested referring her to Ozone Multi Speciality Hospital and Critical Care Centre, where she was admitted in the ICU. The past history revealed that the wife had been treated by Dr. Umesh Badhe at Khamgaon and was diagnosed with Sickle Cell Anemia, an incurable disease. The husband contended that the wife and her parents fraudulently concealed this disease at the time of marriage, making the marriage voidable. He also claimed that the wife's illness and her leaving the matrimonial home constituted cruelty and desertion. The Family Court dismissed the petition, holding that Sickle Cell Anemia is not a communicable disease and does not fall under Section 12(1)(c), and that the husband failed to prove cruelty or desertion. The High Court, in appeal, upheld the Family Court's decision. The court reasoned that Section 12(1)(c) applies only to diseases that are communicable or render marital intercourse impossible, and Sickle Cell Anemia is neither. The husband did not prove any fraudulent concealment. Regarding cruelty, the court found no evidence of intentional conduct by the wife causing harm. As for desertion, the wife's hospitalization and stay with parents due to illness did not amount to desertion with animus deserendi. The appeal was dismissed, and the judgment of the Family Court was confirmed.
Headnote
A) Hindu Marriage Act - Nullity of Marriage - Section 12(1)(c) - Fraud - Concealment of Disease - The appellant husband sought declaration that marriage was null and void on ground that wife was suffering from Sickle Cell Anemia at time of marriage, which was not disclosed. The court held that Sickle Cell Anemia is not a communicable disease and does not fall within the scope of Section 12(1)(c) as it is not a venereal disease or a disease that would render marital intercourse impossible. The husband failed to prove that the wife or her parents fraudulently concealed the disease. The petition for nullity was dismissed. (Paras 1-10) B) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(ia) - The husband alleged cruelty on ground that wife's illness caused mental agony and that she left matrimonial home. The court held that mere illness of wife does not constitute cruelty unless there is proof of intentional conduct causing harm. The husband did not prove any act of cruelty by the wife. The claim for divorce on ground of cruelty was rejected. (Paras 11-15) C) Hindu Marriage Act - Divorce - Desertion - Section 13(1)(v) - The husband claimed desertion by wife. The court held that desertion requires proof of animus deserendi (intention to permanently separate) and factum of separation. The wife's hospitalization and subsequent stay with parents due to illness did not amount to desertion. The husband failed to prove that wife left without reasonable cause. The claim for divorce on ground of desertion was rejected. (Paras 16-20)
Issue of Consideration
Whether the marriage between the appellant and respondent is voidable under Section 12(1)(c) of the Hindu Marriage Act, 1955 on the ground that the wife was suffering from Sickle Cell Anemia at the time of marriage and whether the husband is entitled to divorce under Section 13(1)(ia) and (v) of the Act on the ground of cruelty and desertion.
Final Decision
The Family Court Appeal is dismissed. The judgment of the Family Court, Akola dated 5 July 2011 is confirmed. No order as to costs.
Law Points
- Sickle Cell Anemia is not a communicable disease
- non-disclosure of disease does not constitute fraud under Section 12(1)(c) of Hindu Marriage Act
- cruelty under Section 13(1)(ia) requires proof of mental or physical cruelty
- desertion under Section 13(1)(v) requires proof of animus deserendi
