Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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DHARMESH KUMAR (Pvt Job)     03 May 2022

Fraud in marriage

Sir/Madam

My relative had a court marriage on 25 February 2022.

The girl's people were contacted through the ad given in the paper. The girl was a widow and the boy (divorced). After 10-12 days of marriage it is found that the girl is suffering from mental illness. At present, the girl has been sent to her parents home on 26 April 2022. The girl's mental illness was not disclosed before marriage. It is cheating. The boy cannot spend his future life with a lunatic.

Date of Marriage: 25 February 2022

Place of Marriage: Motihari (Court Marriage)

Girl's Home Town : Motihari, Bihar

Boy's Home Town : Arrah, Bihar

Boy's present residence: Ahmedabad(Since 10 years)

After marriage, the husband and wife lived in Ahmedabad from 25 February 2022 to 22 April 2022.

Kindly give suitable suggestions what to do and where to file the petition.



Learning

 4 Replies

Advocate Y.K. Mehrotra (Advocate)     03 May 2022

Hello

I understand the situation is tough. Since the mental illness is a important facet that shall be conveyed you can apply for disolution of marriage. I know this appears to be cheating but application for dissolution of marriage on the ground of mental insanity is a proper remedy.

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DHARMESH KUMAR (Pvt Job)     03 May 2022

Sir/Madam

Please also guide for limitation issue and jurisdiction.

Advocate Y.K. Mehrotra (Advocate)     03 May 2022

Divorce case is filed before a Family Law Court.

Jurisdiction could be any place where husband or wife resides in case they are residing separately.

So in this case Ahemdabad Family law court can have Jurisdiction 

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Shweta Gupta   05 May 2022

Sir 

Situations like these arise very much in the society. Hindu Marriage Act does not allow a marriage in which fraud exists. 

Section 5(ii) of the act makes it essential that a a person is able to give consent if mentally unsound. Section 13 has one of the ground for divorce if the other spouse is mentally unsound.

Section 12 (iii) of the act allows a person who is deceived by his/her spouse to annul the marriage. Marriage made by fraud is a voidable marriage. In the case of Asha Qureshi. V Afaq Qureshi, 2002, the wife hid the material fact which led to fraud and court annuled the marriage under Section 12(iii)

.

In your case, as the material fact of mental illness was hid. The marriage can be annulled under Section 12 (iii).

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