Mr. Alok, a working professional from the city of Amodpur, recently entered into an arranged marriage with Mrs. Priya. Shortly after the wedding, he discovered that Priya had concealed a significant and long-term medical condition that she had been dealing with for years. This crucial information was never disclosed to Alok or his family before the marriage was solemnized. The discovery was made accidentally through some medical papers.

Further complicating matters, Alok also found out about Priya’s undisclosed past relationships, which came as a shock to him. The foundation of their marriage, built on trust and transparency, was completely shattered. This has led to severe incompatibility and constant strain in their relationship. Alok believes that a respectful separation is the only way forward, but Priya is not agreeable to a mutual consent divorce. Both are well-educated professionals with comparable incomes, which adds another layer to the legal questions at hand. Alok now finds himself in a difficult position, seeking clarity on his legal options to dissolve the marriage.

Advice in such cases

Discovering undisclosed facts about a spouse’s past or health after marriage can be emotionally devastating and legally complex. If you find yourself in such a predicament, it is crucial to handle the situation with care and strategic thinking.

• Stay Calm and Avoid Confrontation: Do not engage in heated arguments or make impulsive decisions. Your immediate actions and words can be used against you in legal proceedings.
• Gather and Secure Evidence: Systematically collect all relevant documents, such as medical reports, communications, or any other proof that substantiates your claims of concealment. Ensure this is done legally.
• Do Not Move Out Hastily: Leaving the marital home without proper legal advice can sometimes be interpreted as desertion. It is better to continue residing in the same house, even if in separate rooms, until you have a clear legal strategy.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such cases primarily fall under the purview of family law, specifically the Hindu Marriage Act, 1955 (if both parties are Hindus). The criminal codes like the Bharatiya Nyaya Sanhita (BNS) are generally not applicable unless there are elements of criminal cruelty, dowry harassment, or other specific offences.

• Section 12(1)(c) of the Hindu Marriage Act, 1955: This section allows for the annulment of a marriage if the consent of the petitioner was obtained by fraud. Concealing a material fact or circumstance concerning the respondent, such as a significant medical condition, can be considered fraud. However, the petition must be filed within one year of the discovery of the fraud.
• Section 13(1)(ia) of the Hindu Marriage Act, 1955: This section provides for divorce on the grounds of cruelty. The act of hiding crucial information about one’s health and past can cause immense mental pain and anguish, which can amount to mental cruelty. This is a widely used ground for contested divorces.
• Section 24 and 25 of the Hindu Marriage Act, 1955: These sections deal with maintenance during the pendency of the case (pendente lite) and permanent alimony. The court considers the income, assets, and liabilities of both spouses before making a decision.

If you are the complainant

If you are the one seeking to dissolve the marriage based on concealment of facts, you must proceed methodically.

• Document Everything: Keep a record of all conversations, messages, and incidents that demonstrate the mental cruelty you are experiencing. Preserve the evidence of the concealed information securely.
• Do Not Disclose Your Strategy: Avoid revealing your legal plans to your spouse or their family, as this could give them an opportunity to build a counter-narrative or destroy evidence.
• Initiate Legal Proceedings: Your lawyer will help you draft and file a petition for either annulment (on grounds of fraud) or divorce (on grounds of cruelty) in the appropriate Family Court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the spouse against whom such allegations are being made, you also have rights and a need for a strong legal defence.

• Understand the Allegations: Once you receive a legal notice or court summons, carefully read the claims made against you. Do not ignore it.
• Prepare Your Response: Your defence might involve proving that the information was not “material,” that it was disclosed, or that the petitioner knew about it and condoned it.
• Gather Counter-Evidence: Collect any evidence, such as emails, messages, or witness testimonies, that can support your side of the story and challenge the petitioner’s claims.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Matters of divorce, annulment, and cruelty as a ground for divorce are civil in nature and are handled by Family Courts. The police generally do not have a direct role in these proceedings. They will not intervene in marital incompatibility issues or entertain complaints for divorce. However, police involvement can occur if a criminal complaint is filed alleging offences such as domestic violence, dowry harassment (under relevant sections of the BNS), or criminal intimidation. In such a scenario, the police are obligated to register an FIR and investigate the matter, which then runs parallel to the civil case in the Family Court.

FAQs people normally have

What evidence is required?

To prove fraud or cruelty, concrete evidence is paramount. This can include:

• Medical records, prescriptions, or diagnostic reports that pre-date the marriage.
• Testimony from doctors or other relevant witnesses.
• Emails, text messages, or chat histories where the concealment can be inferred.
• Photographs or digital evidence related to a concealed past (admissibility will depend on how it was obtained and presented).
• Testimony of the petitioner detailing the mental shock and trauma experienced upon discovery.

How long will the investigation take?

Since this is a civil matter, there is no “investigation” in the police sense. The process is one of litigation in a Family Court. A contested divorce case in India can be a lengthy process. It involves filing the petition, the other party filing a reply, mediation (which is often mandatory), framing of issues, evidence, cross-examination, and final arguments. This can take anywhere from two to five years, or even longer, depending on the complexity of the case and the court’s caseload.

Will I have to pay maintenance if my wife earns as much as I do?

The law on maintenance is gender-neutral in principle, but courts often lean towards protecting the wife. However, there is a significant shift in judicial perspective, especially in urban areas where both spouses are well-qualified and earning. If it can be proven that the wife is financially independent and has an income comparable to or more than the husband, the court may decide not to award any maintenance or alimony. The final decision rests with the discretion of the judge, who will consider the standard of living, financial needs, and earning capacity of both parties.

Advocate Sudhir Rao, Supreme Court of India