Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

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,

 

 



Learning

 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…”

 

saravanan s (legal advisor)     25 August 2015

cruelty cant be a ground for nullification of marriage as per sec 12 hma


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register