Bombay High Court Rules Marriage Invalid If Wife Disease Concealed From Husband Before Marriage – Hindu Marriage Act

The Bombay High Court held that a marriage can be declared invalid under the Hindu Marriage Act if, at the time of marriage, one spouse (here, the wife) concealed a medical condition/disease from the other (husband), and the disease materially affects marital life or the ability to have marital obligations met (e.g., physical intimacy, progeny, etc.). The Court held that such concealment, if evaluated as deceit or misrepresentation, vitiates the free and informed consent required for a valid Hindu marriage. The concealment must be of such nature that had the other party known, he would not have consented. Mere non-disclosure of minor health matters may not suffice—but significant disease that goes to root of marital expectations may render marriage voidable or invalid depending on statutory and case law norms. The judgement also looked at evidence burden, materiality, timeframe etc.