Nullity of marriage under section 12(1) of HMA
Harijot
(Querist) 22 March 2010
This query is : Resolved
Following r the facts of the cases. plz give me decided cases in regard of this
kiran arora has passed her MBBS from medical college on feb 20,2001. a proposal for her marriage was made through their neighbour sh Jai. he told them that the boy has passed his mba from commerce dept GNDU amritsar & is employed as executive in a big concern at chandigarh. the same was affirmed by the brother in law of the boy. the girl gave her consent in the representation & they got married on March,01.
AFTER TWO MONTHS of their marriage the wife came to know that her husband had passed BA with diploma in business mgt & was undergoing trainig in factory.
So she field the petition for nullity of marriage u/s 12(1) of hindu marriage act ..
me is on the boy side
plz help me ,with cited judgements... its urgent..
adv. rajeev ( rajoo )
(Expert) 22 March 2010
Only qualification and hiding the truth is not a ground for the nullity of marriage.
Grounds for Nullity of marriage:
1. Marriage hasnot been consummated owing to the impotence of the respondent.or
2. That the marriage is in contravention of the conditions specified in cl(ii)of sec 5. or
3. that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner( was required u/s 5 as it stood immediately before the commencement of the child marriage restraint amendment act), 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 res; or
4. that the respondent was at the time of the marriage pregnant by some other than the petitioner.
O. Mahalakshmi
(Expert) 22 March 2010
Conceal the job is not a ground to seek Divorce. Go and lead matrimonial life with husband.
Parveen Kr. Aggarwal
(Expert) 22 March 2010
Section 12(1)(c) of the Hindu Marriage Act, 1955 provides:
"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:-
(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, (2 of 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 CIRCUMSTANCES CONCERNING THE RESPONDENT;"
Concealment or misrepresentation about the Educational Qualification in the instant case, certainly amounts to obtaining of consent of the petitioner by fraud as to any material fact or circumstance concerning the respondent.
Arup Kumar Gupta, Korba, Chattishgarh
(Expert) 22 March 2010
MR PARVEEN IS ABSOLUTELY CORRECT.
IT IS FRAWD AND CHEATING AND LIABLE TO ACTION UNDER SEC 12(1)(C) OF THE HINDU MARRIAGE ACT.
