In December 1967, a man, the husband, applied for Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955. He requested a declaration of nullity of his marriage. His filing stated that the respondent was a ‘lunatic’ and charged her for concealing her sickness at the time of their marriage. As per his appeal, the consent for the union from the husband was achieved fraudulently.
The wife, a woman who needed psychiatric attention, was married off; her parents did not reveal her condition to suppress the burden of keeping a single daughter at home. The husband alleged the “lunatic” wife treated him cruelly and sought divorce because she was “incurably of unsound mind.”
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