In The Court Of Principal Judge Family Court, Bareilly

HM Act Petition No. OF 2022

MEMO OF PARTIES

IN THE MATTER OF:

Sudhir Kumar
Age 33 years
S/O Shri Som Pal Singh
R/O Near Reliance Tower, Mohalla Mewat,
Post and Thana Meeranj,
Bareilly-243504 ……………………………………………………………. Petitioner

Versus

Bhumika
Age: 23 years
D/O Shri Kapil Kumar
R/O Gayatri Vihar, Near Shakti Peeth Mandir,
Thakurdwara, Moradabad 244601 ………………………………...…………… Respondent

Mr. Sudhir Kumar

(Petitioner)

Through

Saurabh Agnihotri

(Advocate)

Chamber No. 55, Bada Vakalatkhana

District Court Complex, Bareilly

Phone No. 9412511000

 In The Court Of Principal Judge Family Court, Bareilly

HM Act Petition No. OF 2022

IN THE MATTER OF:

Sudhir Kumar ………………………………………………………………. Petitioner

Versus

Bhumika ……………………………………………………………………… Respondent

PETITION FOR DECREE OF NULLITY OF MARRIAGE UNDER

SECTION 12 OF HINDU MARRIAGE ACT OF 1955

Most Respectfully Showeth:

1. That the marriage of the petitioner and respondent was solemnized

on 7/12/2021 at Thakurdwara, Muradabad according to Hindu rites
and ceremonies. The marriage card is attached herewith as proof.

2. Status and place of residence of the parties to the marriage before

the marriage and at the time of filing of this petition is given as under

Before Marriage At the time of filing

Petition
Address and Age of Age 32, Meerganj Age 33, Meerganj
the Bareilly Bareilly
husband/Petitioner
Address and Age of Age 22, Age 23,
the Wife/Respondent Thakurdwara, Thakurdwara,
Moradabad Moradabad

3. That the marriage between the petitioner and respondent has been
an outcome of a calculated fraud that has been perpetrated by
respondent and her family members as they choose not to disclose
vital and crucial information regarding the respondent's Mental
health/ailment.
4. That the marriage has not been consummated owing to the erratic
and unusual behaviour and consequently non-cooperation of the
respondent.

5. That immediately after the marriage the respondent behaved in very

unusual and quarrelsome manner in her matrimonial home. She even
behaved in a similar manner in the bedroom with the respondent and
hence the marriage was not consummated due to her non-
cooperation. As a result of it the family of the respondent was
informed and her brothers Bhaskar and Siddhartha came and took
her away along with him on 11/12/2021, just three days after the
marriage. Initially from the behaviour of the respondent it was
deduced by the petitioner that she might be having affair before the
marriage and hence this kind of behaviour.

6. That after the persuasion and assurance of the respondent's family

the petitioner accompanied back the respondent to his house on
17/01/2022. But she continued to act in unusual and quarrelsome
manner and after only four days on 22/01/2022 she insisted to go
back to her parent’s house alone. Keeping in mind the safety of the
respondent, petitioner's father went along with her and informed her
parents about the circumstances.

7. That after much discussion and deliberation between the family

members of the respondent and petitioner as well as other mediators,
it was decided that one more chance should be given to the
respondent. Hence the respondent again came back to her
matrimonial home on 16/06/2022.

8. That this time the behaviour of the respondent was even more
unusual and disturbed and she couldn't even perform daily basic
functions such as bathing, eating etc. and showed clear signs of
mental disorder/ailment such as muttering to herself, complaining
about smell from food and water, laughing or smiling uncontrollably,
violent outbursts and threatening and attempting to commit suicide.
(Video proofs of all such activities have been attached herewith)

9. That on further deterioration of the situation on 20/06/2022 the

respondent was taken to Dr. Ashwini Kucchal, a reputed
Psychotherapist for consultation. Dr. Ashwini Kucchal diagnosed
serious psychotic disorder in the respondent and asked the parents of
the respondent to be present before beginning any treatment, given
her serious condition (prescription and consultation document
attached herewith). That even after repeated requests of the
petitioner and his family the parents of the respondent didn't come for
 any cooperation in her treatment which clearly reflects that they were
aware of such psychotic attacks or history of their daughter and
wanted to get rid of her by marrying to petitioner.

10. That on further worsening of mental and physical situation of

the respondent she was taken to the Government Mental Hospital,
Bareilly on 22/06/2022 where also she was diagnosed with psychotic
condition and informed the doctor about her hallucinations and
delusions. Prescription along with list of medicine is attached
herewith. Further given the constant threat and attempts of the
respondent to commit suicide, in anticipation of any unfortunate event
the petitioner approached the Meerganj Police Station with a written
complaint about the circumstances and the same was forwarded to
the Senior Superintendent of Police, Bareilly. (Copy of the complaint
attached herewith)

11. That meanwhile due to deteriorating physical and mental

condition of the respondent along with violent behaviour and constant
threat and attempts by her to commit suicide, mediation between the
families of respondent and petitioner was arranged on 28/06/2022 by
the common relatives at Rampur. The mediators themselves
witnessed the mentally unstable condition of the respondent and
accepted that the facts and information about respondent’s mental
condition/ailment has been concealed from the petitioner and his
family amounting to fraud with him. But given the serious condition of
the respondent and the poor financial condition of her family it was
agreed upon on humanitarian grounds that the respondent would be
sent back to her parent's home and would undergo proper serious
mental/psychological treatment with a psychiatrist of their own choice
while the cost of such treatment would be paid by the petitioner.

12. That also the manner in which the respondent’s family readily
agreed about this agreement clearly establishes that they had
concealed their daughter’s mental illness history. Since then the
respondent is staying with her parents and undergoing treatment at
Dr. S C Gupta Memorial Chetna Clinic, Muradabad which was
chosen by the parents of the respondent. (Bills, Prescription and
Reports of the same are attached herewith)

13. That the petitioner is thus presenting this petition for Decree of
Nullity of marriage under Section 12(1) (a), Section 12 (1) (b) read
with Section 5 (ii) (b) &(c) and under Section 12 (1)(c) of the Hindu
Marriage Act of 1955 for the reasons explained here under.
 GROUNDS

14. That from the very first night of the marriage the behaviour of
the respondent was very unusual and on complaining about the same
to the family of the respondent and the mediator of the marriage a
prescription of medicines was suggested by them on whatsapp
message (printout attached herein) purported to be a minor
prescription of headache and anxiety. Later it was discovered by the
petitioner that such a prescription was for serious psychotic disorder
and it could not be given or bought without proper consultation of
registered psychotherapist. It can lead to no other inference that the
respondent was undergoing psychotherapy previously before
marriage and this fact was hidden from the petitioner.

15. That owing to the psychotic behaviour and non cooperation of

the respondent the marriage could not be consummated. This fact is
further established by the medical reports from the Dr. S.C. Gupta
Memorial Chetna Clinic which mentions symptoms of sexual conflicts
and sexual issues. It should be noted that consummation of marriage
and procreation is an integral part of marriage. The Hon’ble Supreme
Court has held that impotence can be of both physical and mental
and a party is impotent if his or her mental or physical condition
makes consummation of marriage a practical impossibility ( Yuvraj
Digvijay Singh Vs. Yuvrani Pratap Kumar 1969 2 SCC 279; AIR
1970 SC 137). This makes a ground for annulment under section 12
(1) (a).

16. That during the diagnosis of the respondent at Dr. S.C. Gupta
Memorial, Chetna Clinic it was established that the respondent is
suffering from Schizophrenia and other related symptoms such as
suicidal tendency for around last three years (reports attached
herewith). Further the seriousness of the Schizophrenia could not be
established by the Rorschach Inkblot Test, a standard test for
assessing the stages of schizophrenia due to poor attention and
concentration of the respondent. This further leads to the inference of
serious and acute schizophrenic state of the respondent which
renders it impossible for the petitioner to cohabit and spend life with
the respondent as she is unable to take care for herself as well as
posses danger to the well being of both herself and the petitioner.
Further the suicidal tendency and constant threats to commit the
same amounts to cruelty to the petitioner and his family.

17. That it was well established by the Honourable Supreme Court

in the Ram Narain Gupta Vs. Rameshwari Gupta, 1988 AIR 2260
that Schizophrenia is a difficult mental affliction which is insidious in
 its onset and has hereditary predisposing factor. Further the Hon'ble
Supreme Court stated that in each case where schizophrenia is being
made a ground for annulment or divorce as per the provisions of
Section 5(ii)(b) of Hindu Marriage Act of mental disorder for
unsuitability of marriage and procreation of children, the severity and
stage of schizophrenia should be assessed case by case for
accepting it as a valid ground as such. It is submitted by the petitioner
that the condition of the respondent as per the medical reports and
the medicines prescribed is of highly grave nature making it difficult
for the petitioner to live and procreate with her. The petitioner would
be forced to spend whole taking care of the respondent as she would
be unable to take care of herself an even more so would live in
constant threat to his wellbeing.

18. That the repeated attacks of insanity as per the provision of Sec
5(ii)(c) Hindu Marriage Act which in this case are unusual psychotic
behaviour along with violent outbursts and threats and attempts of
suicide occurring again and again (video proofs attached herewith)
further provide the ground for annulment of marriage.

19. That given the torture and cruelty faced by the petitioner and
his family by the psychotic and violent behaviour of the respondent
and the constant threat and attempts of suicide which was recorded
as well as duly and timely reported to the police anticipating any
unfortunate events. That the events of these cruelties should be seen
in conjunction with the condition of Schizophrenia. Since it has been
well established by the Hon'ble Supreme Court in multitude of cases
such as Vinita Saxena Vs Pankaj Pandit [Appeal (civil) 1687 of
2006], Pankaj Mahajn Vs Dimple [Appeal (civil) 8402 of 2011],
Challa Surya Prabha Vs Challa Diwakar Venkata Ram [SLP(civil)
8262/2019] that cruelty in cases of Schizophrenic spouse is a valid
ground for dissolution and annulment of marriage.

20. That further it has been clearly established that the information
and facts pertaining to mental health and ailment of the respondent
were hidden from the petitioner in order to fraudulently get the
consent of the petitioner. This clearly is the ground for annulment
under Section 12 (1) (c) of the Hindu marriage Act of 1955, which
states that if the consent of the petitioner was obtained by fraud as to
the nature of ceremony or as to any material fact or circumstance
concerning the respondent then the marriage is voidable and the
petitioner can apply for annulment for Nullity of the marriage.

21. That the facts about the mental health/ailment of the

respondent were concealed is further proved by the fact that the
symptoms of unusual behaviour started surfacing from the very first
 day after marriage and the mediator of the marriage on being
informed about the same sent a prescription of psychotic medicines
which cannot be given without proper consultation and which shows
that the respondent was undergoing treatment previously before
marriage and the prescription belonged to the same. Further the
respondent herself admitted that she was undergoing treatment for
her mental illness before marriage and she further confessed that she
was often beaten by her father and brother for her behaviour. Also
the psychological condition of respondent worsened gradually with
each visit even though of very short tenure to her matrimonial home
signalling towards some previous severe underlying psychotic
condition. Also at the mediation organised by the common relatives at
Rampur, it was acknowledged by the mediators present there that the
respondent was previously suffering from mental illness and the
information regarding the same was concealed from the petitioner.

22. That the reports from Dr. S.C. Gupta Memorial, Chetna Clinic
Moradabad (which was chosen by the parents of the respondent
themselves) have established without doubt that the Schizophrenic
symptoms which include suicidal tendencies have been persistent in
the respondent for around last three years. That in a recent case of
Sandeep Aggarwal Vs Priyanka Agarwal [Matrimonial
Application 142/2020] the Hon'ble Delhi High Court annulled the
marriage because of the failure on the part of the wife to disclose
information about her mental health/ailment before the marriage.
Further a token cost was also granted to the husband for his
sufferings in the most prime years of his life due to such concealment
of information and fraud.

23. That the petition is in compliance with the time limitation posed
by the Section 12(2) (a) (i) or (ii) of the Hindu Marriage Act of 1955
which is that the petition for annulment should be filed within one year
of the discovery of fraud. The petitioner discovered about the fraud on
20/06/2022 when the serious mental disorder of the respondent was
confirmed by Dr Ashwini Kucchal, Psychotherapist Bareilly and is
filing the case on ____________.

24. That the petition is not being presented in collusion with the
respondent.

25. That there is no legal ground as to why the decree prayed for
should not be in the favour of petitioner.

26. That no previous litigation has taken place between the parties
to the petition and no litigation currently is going on between the
parties in any other court of law.
 27. That this Hon'ble Court has jurisdiction to entertain and try this
petition as the petitioner is the resident of the District of Bareilly which
lies in the jurisdiction of this Hon'ble Court.

28. In the facts and circumstances of case mentioned herein above

this Hon'ble Court may graciously be pleased to:

Prayer

That the Petitioner, therefore, prays:

a. For grant of Decree of Nullity of marriage under Section 12 (1) (a),

(b) and (c) of Hindu Marriage Act 1955 in the favour of petitioner and
against the Respondent and declare the marriage as null and void.

b. The respondent be ordered and decreed to provide cost of the

present petition to the petitioner.

c. Any other relief or reliefs which the Hon'ble Court may deem fit and
proper under the circumstances be also awarded to the petitioner.

Petitioner
Place:

Date:
Through

(Advocate)

Verification

I, Sudhir Kumar S/O Shri Som Pal Singh, state on solemn affirmation
that whatever contained in paragraphs 1 to Para No. 12 of the Petition
is true to my own knowledge and that whatever contained in
paragraphs No. 13 to Para No. 28 is based on information received and
believed to be true to me.

Date:

Place: (Petitioner)

In The Court Of Principal Judge Family Court, Bareilly

 HM Act Petition No. OF 2022

IN THE MATTER OF:

Sudhir Kumar ………………………………………………………………. Petitioner

Versus

Bhumika ……………………………………………………………………… Respondent

AFFIDAVIT

I Sudhir Kumar S/O Shri Som Pal Singh solemnly affirm the and state as
follows:

1. That I am the Petitioner in the accompanying Petition

under Section 12 (1) (a), (b) and (c) of Hindu
Marriage Act, 1955 and well acquainted with the facts
of the case.
2. That I have gone through the contents of the
accompanying Petition, I reaffirm the contents of the
Petition, which are not being repeated here, for the
sake of brevity.
3. That the Petition is not being presented or prosecuted
in collusion with the Respondent.
4. That the Petition is being presented without any
unnecessary or improper delay on the part of the
Petitioner.
5. That there is no other legal case filed in any other
court in the present matter.
6. There is no other legal ground as to why the decree
prayed for should be not granted in favour of the
Petitioner.

(Deponent)

VERIFICATION
I, Sudhir Kumar S/O Shri Som Pal Singh the above-named deponent
do hereby verify on oath that the contents of the affidavit above are
true to my personal knowledge and nothing material has been
concealed or falsely stated therein.

(Deponent)
 In The Court Of Principal Judge Family Court, Bareilly

HM Act Petition No. OF 2022

IN THE MATTER OF:

Sudhir Kumar ………………………………………………………………. Petitioner

Versus

Bhumika ……………………………………………………………………… Respondent

Permission to Appoint Legal Consultant (Vaad Mitra)

I Sudhir Kumar S/O Shri Som Pal Singh due to unawareness of legal
knowledge and Hindu Marriage Act appoint Advocate Saurabh Agnihotri to
represent my Case in the present petition.

Sudhir Kumar

(Petitioner)