kindly guide

Querist : Anonymous (Querist) 04 January 2010 This query is : Resolved
If the a woman had got married to a man with a fraudulent intention then can it is said as a void marriage

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A V Vishal (Expert) 04 January 2010
The facts of your case are not clear and neither the religion of the querist, however Section 5 of the HMA Act says that Any marriage solemnized after the commencement of the Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
However the fraud is not one of the conditions specified under S.5

Raj Kumar Makkad (Expert) 04 January 2010
There are no chances to get nullified the marriage in such case.

A Truthseeker (Expert) 04 January 2010
marriage in hindu and mahomedan laws are sacrament and contract. in the mahomedan law it is contract. be it a sacrament or contract marriage must preclude anything that is contrary to justice , equity and good conscience. as fraud militates the principles of equity a marriage is vitiated by fraud.