Girl's parents hide few facts before marriage can we cancel marriage

978 votes

In India the divorce law are govern by personal law ie that religion he persue so if your a Hindu seeking divorce only on this ground it would be bit hard to convince the judge but allied grounds such cruelty etc can also be pleased wherein if you are Muslim than divorce can be easily availed

LawRato LawRato

735 votes

Hi,
Only because the girl's education was lied by her parents, you have made up your mind to discontinue the marriage is highly regrettable. Surely, it is case of cheating by her parents; but what I am trying to convince that she and her parents may create havoc for the complete family by misusing women oriented laws. So, you need to be cautious.

Advocate Ganesh Singh LawRato

988 votes

As per Section 12 of the Hindu Marriage Act, 1956, a petition for declaring a marriage as null and void can be presented before the Family Court. Section 12 reads as follows:

"12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after
the commencement of this Act, shall be voidable and may be annulled by a decree
of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the
respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of
Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in
marriage of the petitioner was required under Section 5 as it stood immediately
before the commencement of the Child Marriage Restraint (Amendment) Act, 1978,
the consent of such guardian was obtained by force or by fraud as to the nature of
the ceremony or as to any material fact or circumstance concerning the
respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling
a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to
operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the
marriage as husband or wife after the force had ceased to operate or, as the case
may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained
unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized
before the commencement of this Act within one year of such commencement and
in the case of marriages solemnized after such commencement within one year
from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place
since the discovery by the petitioner of the existence of the said ground."

We can present a petition for decree of nullity as there is a fraud committed by the Girl's side by hiding/ concealing her educational qualifications.

However, whenever a matrimonial petition is presented the Family Court always tries to mediate the matter rather than passing a judicial decision. Also, the boy's family members will have to prove in Court through documents that the girl's family relatives had concealed/hidden the facts regarding her educational qualifications by showing forged documents or certificates to the boy's family before marriage.

Advocate Manisha Ambwani LawRato

486 votes

Fraud and concealment of facts would result in annulment of marriages under section 12 Hindu Marriage Act.

Advocate Chikirsha Mohanty LawRato