Kerala High Court on Saturday annulled a marriage between a 51-year-old man and a 43-year-old woman after more than 15 years of being separated. The court issued the order on a petition filed by the woman challenging the order of the Family Court in Irinjalakkuda, directing her to pay a general damage of Rs 10,000.
In 2004, the parents of the man invited alliance for him and a marriage broker brought the woman’s proposal to him. The wedding was held on March 28 the same year at Guruvayur Srikrishna Temple, post which the woman started living with the husband at his residence. According to the man, he alleged that from the initial days of their marital life, his wife started behaving strangely. She was always on medication and the consequence was reflected in her conduct.
After a year, the husband took the woman to a gynaecologist at Aluva and during the course of consultation, she informed the doctor that she was suffering from some heart ailment. The doctor referred her to the cardiologist and he came to know that she was suffering from acute rheumatic heart disease. It was also revealed that she had undergone a balloon sinuplasty at a hospital in Ernakulam in 1998. During the consultation, the husband also learnt his wife was incapable to have sexual intercourse or conceive.
High Court Observation
Kerala High Court ruled that getting married by hiding your heart ailment from your future spouse will not have legal support. The court of appeal declared the marriage between the couple from Thrissur null and void, after it found that the woman married him without disclosing about her heart disease.
The Bench observed that the consent of the husband for marriage was obtained without revealing the cardiac ailments the wife had. Noting in the order while upholding Family Court’s order, the court remarked,
This is undoubtedly a foul play and nothing short of fraud.
The petitioner’s counsel Sreekumar G Chelur said the man’s consent was obtained by fraud and it was not consummated due to the incapacity originating from the woman’s ailments. Counsel for the woman claimed that the marriage was arranged after duly conveying information about her ailment.
At 51, one may not really value this kind of annulment, after losing prime years fighting a dead marriage in court.
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