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Report No. 59

6.18A. Fraud as to ceremony.-

Fraud or mistake as to the ceremony made the marriage void1. For example, where there is a mistaken belief that the ceremony was one of betrothal and not of marriage, the marriage is void for want of consent2. As Lord Guest has said3, "In a void marriage, the decision depends upon the ascertainment of a state of facts instantly verifiable at the date of the marriage, such as lack of capacity or of the necessary consent or duress."

1. See Mehta v. Mehta, (1945) 2 All ER 690.

2. Per Hodson J.; View approved by Evershed M.R., 1951 Probate 124, 133; passage quoted in Kassim v. Kassim, 1962 Probate 224 (229).

3. Ross-Smith v. Ross-Smith, 1963 AC 248 (280) (HL).

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

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