Is this a fraud on marriage
Querist :
Anonymous
(Querist) 23 September 2010
This query is : Resolved
Dear experts,
Is this a case of fraud on marriage.
During marriage negotiations bride's side misrepresented their financial conditions by stating that the father (family) of the bride is financially self sufficient but in reality he depends on the mothly income for his daughter. Because of this dependency he has taken away his daughter from the matrimonial home without husband's consent and resorted to intimidation tactics to avoid the marriage and demanded huge money.
Can this suppresession of fact together with the conduct of the wife form the deception to annul the marriage.
Adv Archana Deshmukh
(Expert) 23 September 2010
No, this is no case of fraud so as to warrant annulment of marriage. Also the situation can be handled by way of proper discussions in the family. The wife can give her salary to her parents, if they need help while living in her matrimonial home.
Querist :
Anonymous
(Querist) 23 September 2010
The question is not about whther wife can give money to her parents or not. It is about suppressing and misrepresenting the said condition before marriage and furhter using the marriage as a means to extort money.
If that supression is not material then the quesiotn that why did she leave the matrimonial home will have to be answered to the satisfaction.
What if the family and financial status of the husband was misrepresented. Quoting a judgement that condemns misrepresentation in the bio data of an husband.
"They have to be very careful about the declarations made therein. Why should there be any false representations, in the bio datas given in writing. Therefore, if as to the material facts and circumstances the representations are inflated or false and the difference or falsity is significant, I see no reason why they cannot be called fraud within the meaning of that term used in Section 12 of the Hindu Marriage Act. However, where the difference or falsity is only trivial, a different view may be taken. It will depend upon case to case. The tendency to give false and inflated informations regarding material facts in the bio datas exchanged in marriage negotiations should be curbed. They are generally given for eliciting better proposals and if the other party is hooked the purpose is served. Therefore, this tendency is not to be allowed to prosper. Benefit of said section must be given to the party which has suffered the fraud. "
G. ARAVINTHAN
(Expert) 24 September 2010
seperating wife from husband is as a matter of fact not correct. But the reason stated for act of fraud does not even arise in your case. Self sufficient before marriage may be due to the income of the daughter
virender
(Expert) 24 September 2010
althiugh this is not a case a total fraud but on the basis of her conduct u can file divorce as its amount to cruelty.
s.subramanian
(Expert) 24 September 2010
Even though it is a fraud,it is not a ground recognised in law for annulment of marriage.
Parthasarathi Loganathan
(Expert) 24 September 2010
Yes. Marriage should never be enabled or annulled on the basis of financial consideration which is again in contravention of law as the facts of this case suggest that the alliance was enabled purely on the basis of money.
Uma parameswaran
(Expert) 25 September 2010
It is not necessary to disclose financial condtion or status to the other party.If any party necessary to know about it they can find out it before marriage and after marriage harrasing the parties about their parents finacial situation is not good.
