Bombay High Court Grants Divorce Over Non-Disclosure of Wife's Cerebral Palsy Before Marriage

The Bombay High Court held that suppression of an incurable disease like cerebral palsy by a spouse before marriage is ground for divorce under the Hindu Marriage Act.

The Court set aside a Family Court order that had dismissed a husband's plea for divorce on grounds of cruelty.

The Court emphasised that non-disclosure of the wife's cerebral palsy disease, which is incurable, amounted to fraud under Section 12(1)(c) of the Act, entitling the husband to seek nullity of marriage.

The wife had cohabited only for 6-7 months before living separately. The divorce was granted, but the Court did not address alimony or other relief.