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Report No. 59

6.10A. Section 12(1)(c)-'fraud'-suppressing previous marriage-effect.-

It has been held in another case1 that "fraud" within the meaning of section 12(1)(c) means either deception as to the identity of the other party to the marriage, or deception as to the nature of the ceremonies being performed. Where consent is given with the intention of marrying the other party and with the knowledge that what is being solemnised is marriage, an objection to the validity of the marriage on the ground of any fraudulent misrepresentation or concealment is not tenable.

Mere concealment of the fact that the party was once married to another cannot be a ground for annulment of marriage as it cannot be said that consent of the other party was obtained by fraud within the meaning of section 12(1)(c). Of course, the marriage would be declared a nullity under section 11 if a spouse was living at the time of the marriage. The petition for annulment of the marriage of a 'pardanashin' girl was granted in a Patna case,2 when the girl averred that she was given to understand, before the marriage took place, that the would be husband was an affluent man and was of the age 25-30 years, but after marriage, she discovered that he was not so affluent, and was also over sixty years of age.

1. Rajaram Viswakarma v. Deepabai, 1973 MPLJ 626: 1973 JLJ 662, cited in the Yearly Digest (Aug 1973), col. 1392.

2. Babul Pannzate v. Rain Agya Singh, AIR 1968 Pat 190 (192), para. 10.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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