NHS vs ANS, 2025
The Court emphasized the importance of informed consent in marital relationships under Hindu law.
Judgement Details
Court
Bombay High Court
Date of Decision
23 September 2025
Judges
Justice Nitin Suryawanshi & Justice Sandipkumar More
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The husband sought divorce under the Hindu Marriage Act, alleging cruelty and fraudulent concealment.
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He claimed his wife suffered from cerebral palsy, an incurable neurological condition.
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He alleged that this fact was suppressed by the wife and her family prior to the marriage.
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The Family Court dismissed his petition, stating the wife behaved normally during marriage rituals.
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The husband appealed to the Bombay High Court.
Issues
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Whether cerebral palsy constitutes a material fact requiring disclosure prior to marriage?
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Whether non-disclosure of such an incurable disease amounts to fraud under Section 12(1)(c)?
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Whether the husband is entitled to nullity or divorce on grounds of fraudulent consent?
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Whether the Family Court erred in dismissing the husband's petition?
Held
- "Suppression of the disease 'cerebral palsy' of the wife by her family members prior to the marriage certainly entitles the appellant-husband for seeking nullity of marriage under Section 12(1)(c) of the Act.”
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The Cerebral palsy, though not necessarily a barrier to a healthy marital life, is an incurable condition.
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The Non-disclosure of such a serious medical condition goes to the root of valid consent.
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The wife cohabited for only 6–7 months, and has been living separately since.
Analysis
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The Court emphasized the importance of informed consent in marital relationships under Hindu law.
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By referring to medical expert testimony, it reaffirmed that incurable illnesses must be disclosed.
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The Court took a balanced view, stating the disease itself isn’t a reason for divorce, but its concealment is.
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This decision is likely to strengthen the jurisprudence on what constitutes fraud in matrimonial matters.
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It also highlights that emotional and mental cruelty could arise from fraudulent inducement into marriage.