Written by Omkar GokhaleMumbai | Updated: September 23, 2025 12:14 AM IST 4 min readThe family court dismissed the husband’s plea, observing that while she suffered from cerebral palsy, she behaved like an ordinary person during her wedding and did not become violent, prompting the aggrieved husband to approach the high court.The Aurangabad bench of the Bombay High Court on Monday annulled the marriage of a young couple after ruling that the wife’s family had suppressed, before the wedding, that she was suffering from cerebral palsy, entitling the husband to seek nullity of the marriage.The high court allowed the plea filed by the 31-year-old husband who challenged the August 2023 verdict of the family court that dismissed his plea, seeking decree of divorce under the Hindu Marriage Act.In his appeal, the man stated that he married in April 2018 and soon noticed the respondent wife had health issues such as prolonged sleep, bed-wetting, frequent unconsciousness and unresponsiveness and her father gave unsatisfactory replies when questioned.Thereafter, the husband, with her father’s consent, got her examined by a doctor who diagnosed cerebral palsy and said it was improper of her father to get her married despite her undeveloped brain and her condition being incurable. Another doctor, giving “second opinion” also advised it was “dangerous” for the appellant and his family to live with her.The plea stated the wife left her matrimonial home the same year to live with her parents. After an unsatisfactory reply to his October 2018 legal notice for mutual consent divorce, the husband moved the family court with the divorce petition, alleging deceit due to non-disclosure of her mental disorder prior to marriage and claimed he was “cheated”.On the other hand, the wife contested the divorce plea, denying mental illness. Advocate Jitendra V Patil argued she studied in regular schools and colleges and her medical records showed no disorder. The woman said that the appellant was her “distant relative” and his mother proposed the marriage, despite knowing one of her hands was weak since birth, after meetings between both families.The family court dismissed the husband’s plea, observing that while she suffered from cerebral palsy, she behaved like an ordinary person during her wedding and did not become violent, prompting the aggrieved husband to approach the high court.Story continues below this adA bench of Justices Nitin B Surwayanshi and Sandipkumar C More, after perusing submissions observed, “We are unable to understand the observation (by family court) that cerebral palsy is not a mental disorder and relates only to body movement.”The HC noted that one of the members of the medical board of a government hospital, who was examined by the family court, had “specially explained that the disease ‘cerebral palsy’ from which the respondent-wife is suffering, has been there since her birth and it is not curable.”“Though it would not come in the way of enjoying a happy marital life including sexual pleasure, what is material is the suppression of said disease from the side of the respondent wife at the time of marriage. Had it been disclosed prior to the marriage, then it would have resulted in the appellant-husband having a second thought about whether to go for the marriage,” Justice More noted.The HC added that the wife cohabited with the appellant hardly for six to seven months and thereafter resided with her parents till date. “Thus, the suppression of disease ‘cerebral palsy’ of the respondent-wife by her family members prior to the marriage, certainly entitles the appellant-husband to seek nullity of marriage under Section 12(1)(c) of the Act,” the HC held.Story continues below this adThe HC quashed and set aside the family court order noting that the judge “erred” by not considering the suppression of incurable disease. The HC declared the marriage as “null and void” and said the woman can seek remedy on her rights to claim permanent alimony as per law.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Bombay High Court