Sachin Agarwal (Learner in Law) 24 August 2015

Can elements of cruelity be added to suit u/s 12 HMA ?

Dear Experts,

Can elements of Cruelity be added to a suit of Nullity of Marriage filed u/s 12 of Hindu Marriage Act ?

In other words, is cruelity an ADDITIONAL ground for seeking Nullity of Marriage ?

There are principal grounds like :

1. Concealment of Previous marriage

2. Concealment of pre-existing serious diseases.

Please suggest.

Regards,

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2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 25 August 2015

Concealment of previous marriage and diseases is not cruelty but suppression of premarriage material facts.

(2004)7 SCC 166 para 13 (Supra):

“As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case…”