Infertility And Wife Hiding Her Medical History Before Marriage Is Fraud & Ground To Annul Marriage? Jharkhand High Court Answers

Can a husband get his marriage annulled by alleging that his wife concealed a serious medical condition affecting her ability to conceive? The Jharkhand High Court has explained when such concealment can—and cannot—amount to fraud under the Hindu Marriage Act.

RANCHI: The Jharkhand High Court has dismissed a husband’s appeal seeking annulment of his marriage on the ground that his wife and her family had allegedly concealed her medical history before marriage.

A Division Bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava upheld the Family Court’s decision, finding that the husband had failed to establish the kind of fraud required under Section 12(1)(c) of the Hindu Marriage Act, 1955.

The couple married on November 22, 2017. The husband alleged that soon after marriage, his wife remained indifferent towards him, refused consummation and frequently stayed at her parental home.

He further claimed that she repeatedly suffered from health problems and that he spent around Rs 10 lakh on her medical treatment.

According to the husband, his wife had undergone surgery relating to a cyst and ovarian problems in 2011, years before their marriage. He alleged that neither she nor her family disclosed her complete medical history before the wedding.

The husband claimed that while cleaning his house in October 2022, he found old medical records relating to his wife. After consulting a doctor, he allegedly came to know about the seriousness of her medical condition and its possible consequences for conception.

He argued that concealing such a material medical fact amounted to fraud, because his consent to the marriage was obtained without disclosing information that, according to him, was important to the marital relationship.

The wife had entered appearance before the Family Court but did not file her written statement or participate in reconciliation proceedings. The court eventually barred her from filing her written statement. Despite this, the Family Court rejected the husband’s case.

The husband then approached the Jharkhand High Court.

His counsel, Advocate Hemant Jain, argued that merely because the husband knew that his wife was undergoing treatment did not mean that he knew the true nature, history and consequences of her medical condition.

However, the High Court found that the husband’s own evidence and the medical material showed that he was aware of his wife’s serious health problems from at least 2018 and continued to live with her and participate in her treatment thereafter.

The Court explained that fraud under matrimonial law cannot simply be equated with fraud under ordinary contract law.

It observed:

“The Hindu Marriage Act has no doubt made an inroad into the close preserve of the ancient Hindu Law strongly suggesting the marriage as a sacrament and not a contract, which still goes strong.”

The Court further observed:

“Both the Hindu Marriage Act and Contract Act are not pari materia as the former deals with marriages and the other deals with contract and commerce. Therefore, the definition of fraud given under the Contract Act cannot be brought with lock, stock and barrel to a marriage which is a sacrament.”

The Court noted that Section 12(1)(c) HMA does not cover every incorrect statement, concealment or misrepresentation made before marriage. The alleged fraud must concern a material fact or circumstance and must satisfy the statutory requirements for annulment.

The husband also faced another legal hurdle under Section 12(2)(a) of the Hindu Marriage Act. A petition based on fraud cannot succeed in certain circumstances where, after discovering the alleged fraud, the petitioner continues to live with the other spouse with full consent.

In this case, the High Court found evidence showing that the husband knew about his wife’s medical condition much earlier than he claimed and nevertheless continued the marital relationship and remained involved in her treatment.

The Court also found shortcomings in the medical evidence. No medical expert was examined to establish the required connection between the wife’s earlier surgery, her subsequent medical condition and the alleged inability to conceive. The medical documents the husband relied upon were also not proved sufficiently to establish his case.

Thus, despite the husband alleging that an important medical fact had been kept from him before marriage, the Court found that the evidence did not establish fraud sufficient to annul the marriage.

The High Court consequently upheld the judgment dated June 26, 2025 and decree dated July 7, 2025 passed by the Additional Family Court-I, Ranchi and dismissed the husband’s appeal.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Medical concealment alone does not automatically annul a marriage — the husband must prove legally sustainable fraud under Section 12(1)(c) HMA.
• A man’s allegation is not enough; evidence must survive strict scrutiny — medical records, expert proof and the timeline of knowledge became crucial.
• Continuing the marriage after discovering the alleged fraud can weaken the husband’s case under Section 12(2)(a) HMA.
• Even serious pre-marital medical facts may not help if the husband cannot prove when and how he discovered them.
• For men, delay and continued cohabitation can become fatal to matrimonial relief — even where concealment is specifically alleged.