Bride is mentally challenged and this fact was not disclosed to us prior to the marriage. The marriage of my younger brother, which took place on 20th February 2025. After the vidai ceremony on 21st February 2025, the bride arrived at our residence in the evening. During her stay with us for two days (from the evening of 21st February to the afternoon of 23rd February), we observed certain unusual and concerning behaviours in the bride. She exhibited inappropriate actions such as scratching walls, laughing without reason, singing aarti randomly, remaining awake throughout the night, and displaying adamant and irregular behaviour.
Upon inquiry, the bride admitted that she had undergone medical treatment for such behaviour in Kanpur and Gwalior previously. Concerned about her condition, we informed her parents on 23rd February 2025 evening, and they arrived the same day to take her back to their home. However, their calm demeanor and lack of surprise indicated that they might have been aware of her condition beforehand.
Subsequent inquiries revealed that the bride has been mentally challenged and undergoing medical treatment for the past 4-5 years (clearly not sure), a fact that was not disclosed to us prior to the marriage. It has come to our attention that the deterioration in the bride's condition may have been triggered by discontinuation of her medication from 20th February 2025 due to the marriage ceremonies.
Since the bride returned to her parental home, her family has not initiated any discussions with us. We suspect that they are waiting for her health to improve before bringing her back, possibly to present her as completely recovered. Given the circumstances, we seek your advice on the appropriate course of action from the groom's side. The non-disclosure of such critical information before marriage has placed us in a difficult situation, and we wish to understand our legal and social options. Thank you for your proper suggestion and your legal opinion.
Asked from: Uttar Pradesh
Based on the facts of your case, it appears that the bride is of unsound mind. The mental condition of a bride is considered a material fact in relation to marriage. As per Section 5(ii) of the Hindu Marriage Act (HMA), both the bride and the bridegroom must be of sound mind at the time of marriage; otherwise, the marriage is voidable under Section 12 of the HMA.
Her parents did not disclose her mental illness at the time of marriage. The concealment of this fact constitutes fraud, making the marriage voidable under Section 12 of the HMA.
If a marriage is voidable, the aggrieved party may file a suit under Section 12 of the HMA within one year from the date they became aware of the fact of unsoundness of mind or the fraud. Therefore, you should promptly file a suit for the annulment of the marriage. If the consent has been obtain under duress or by playing fraud the aggrieved party can seek declaration of marriage null and void. For more legal help please visit Kanoon India.
