Published on: January 22, 2024 at 11:12 IST
Court: High Court of Delhi
Citation: Assem Aggarwal V. Ashi Kumar (2023)
Honourable High Court of Delhi has held that ‘fraud’ as a ground for annulment of marriage under the Hindu Marriage Hindu Act is limited to those cases where the consent for marriage was obtained by some deception. It could not have been the intention of the legislature to include every misrepresentation that can be alleged, as a ground for dissolving a marriage. It is held that that under the Hindu Law, not every misrepresentation or concealment of a fact shall amount to “fraud” as envisaged under Section 12(1)(c) of the Hindu Marriage Act for annulment of a marriage. It is specifically held that fraud must be material as to the nature of marriage ceremony or to any material fact or circumstance concerning the person claiming fraud.
29. The meaning of a “material fact” or “circumstance concerning the respondent” was examined in the case of Pradeep s/o Namdeorao Ambhore v. Pallavi Pradeep Ambhore 2017 (6) Mh.L.J., where the moot point was whether the concealment of fact of the wife having sickle cell anemia, amounted to a material fact or circumstance. It was observed that while it is difficult to define with certainty what amounts to a “material fact”, it is safe to say that the fact or circumstance which is of such a nature that it would likely interfere with the marital life of the parties, is a material fact or circumstance. Such a material fact must be in respect of the person or the character of the person and it is immaterial whether the same is curable or not. Further, a fact crucial to the extent that, if disclosed, it would result in either of the parties not consenting to the marriage, would also be a material fact.
Drafted By Abhijit Mishra