The Chhattisgarh High Court dismissed a husband’s petition to annul his marriage under Section 12(1)(b) of the Hindu Marriage Act. The ruling was that mere medical prescriptions are not sufficient evidence to prove a spouse’s mental illness for annulment.
A Division Bench comprised Justices Rajani Dubey and Amitendra Kishore Prasad. They held that, to succeed in such cases, the petitioner must present clear and convincing medical evidence. This is including expert testimony and clinical diagnosis. In this case, although the husband alleged that his wife suffered from schizophrenia and submitted prescriptions. He failed to call any treating psychiatrist or medical expert to testify or provide formal diagnostic records. Consequently, the petition was rightly dismissed due to the lack of credible proof.
Why It Matters
This judgment reiterates the heavy burden of proof required for annulment based on mental illness. It establishes that courtroom rigour demands more than just written prescriptions, qualified medical evidence is essential before declaring a marriage voidable.
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Consult a legal professional if you’re pursuing annulment on mental health grounds, to understand what evidence is required to meet the legal threshold.
