Suppression of Facts in Registered Marriage

Section 191 of Indian Penal Code provides
"Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence".

Explanation:
1. A statement is within the meaning of this section whether it is made verbally or otherwise.
2. A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing, which he does not believe, as well as by stating that he knows a thing which he does not know.

For example,
1. A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
2. The petitioner who has made false statement on oath is also liable for the prosecution.
3. The making of a false affidavit is giving false evidence within this section. The making of a false affidavit would be an offence irrespective of the fact that it was not necessary for the deponent who had made the affidavit to make it.

Ingredients of this section:
The accused was bound legally by an oath or by an express provision of law to state the truth or make a declaration upon any subject.
He made such a statement or declaration.
He made it intentionally.
He knew or believed it to be false or did not believe it to be true.
It must be made in a judicial proceeding at any stage.

This section defines what amounts to giving of false evidence. In order to attract this section, it is sufficient if the person making the statement makes it advisedly, knowing it to be false, and with the intention of deceiving the Court, and of letting it be supposed that what he states, is true. The above-mentioned ingredients must be satisfied.

If a person is not bound by an express provision of law to state the truth he cannot be charged with making a false statement.
The offence is a bailable offence and is triable by a Magistrate of First Class.

Punishment:
Imprisonment for 7 years and fine.

It depends on the nature of information.

In my opinion, section 191 IPC does not apply here.

During registration of marriage, parties donot sworn affidavait nor make any statement on oath.

They give particulars in application.

If the infirmation goes to the root of matter, then you can seek cancellation of registration through court of law.

Dear Sir,

The registration of marriage took place with participation of bridegroom's father.  On perusal of marriage records with the registration department reveals that a declaration has been provided by the groom's father stating that the marriage took place at his resident solemnized by a Hindu Priest.  On enquiry the Hindu Priest totally disagreed that no such marriage has been done performed by him to this effect.  The Priest also has given his consent in writing.  All these things will reveal that the main culprit is the bridegroom's father who has wantonly fabricated the false information with the intention of acquiring the huge property of bride's side.

     Knowing all such matter the bride feels that the registration took place without attracting much of her  knowledge and willing to file a petition against the these gang who have perpetuated this marriage.  In this issue whether criminal complaint shall be filed against the bridegroom's father who have motivated these young people for a marriage is maintainable

Gopinath

Chennai

what is the role of bride?

has she completed the age of 18?

"Knowing all such matter the bride feels that the registration took place without attracting much of her  knowledge and willing to file a petition against the these gang " - how and why the bride signed in the paper? without her sign the paper for registration can not move.

i think bride getting undue pressure by someone - who's direct or indirect interest, is involved in this matter.

yes, she has completed 18 years.  The groom's father was the motivation, but later she realised that the groom and his father are after her huge property.....Once the property changes hands... she will be deserted.....

only by a marriage one can not get the property.

either she gifted or transfer the property or her death will be the cause of getting such. otherwise she will be sole proprieter of her property as she was before marriage.

if she is careful about her property, - alone marriage could not do any harm of her

Dear Sir,

Can we proceed to nullify the marriage using HIndu Priest's consent letter as evidence? 

Gopinath

definately