When a wife has an unsound mind at the time of marriage then the marriage is not valid according to law. This was at the presumption that the wife cannot give valid consent to marry a person and in such a condition when there was no consensus in abiding in the matrimonial relationship the Hindu Marriage Act came to the rescue of that person by declaring such kind of marriage is void. Even though children were born to them, the marriage was void.
A question arises: if the mental illness is curable what is the position of law? The law declares when at the time of marriage if a person is not able to give valid consent to the marriage, then the marriage is void before the law. Even the mental illness may be cured in the future.
The factors to consider are whether she has been suffering continuously or intermittently from a mental disorder which means mental illness, arrest or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind which includes schizophrenia, or from psychopathic disorder which means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on her part; and whether or not it requires or is susceptible to medical treatment.
The Hindu Marriage Act section 12 (1) ( c) provides a marriage is voidable, “and may be annulled be a decree of nullity” on the ground that the consent of the wife was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the wife.
If the wife has been incurable or has been suffering continuously or intermittently from a mental disorder of such a kind or to such an extent that the husband cannot reasonably be expected to live with her, then null and void of the marriage are decreed by the family court in Chennai.
On supporting the medical grounds the husband should prove the medical history and intensity of the unsound mind by medical records. When a person demonstrates that the wife cannot give valid consent at the time of marriage, the marriage will be declared void marriage.
Author: K.P.Satish Kumar M.L.
Advocate, High Court Madras
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