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Pawan S (Advocate)     05 October 2017

The consent for marriage was obtained by fraud

The appellant (husband) and the respondent (wife) got married as per Hindu rites and customs. The marriage has not been consummated till the date of filing of the present petition. It is averred that based on the family status of the respondant shown by the respondent's father to the appellant's father seeking alliance for his daughter, the appellant gave his consent for the marriage.
The respondant (wife)'s father showed that he is a doctor. But at the time of divorce, the appellant (husband) came to know about the reality that the respondent (wife)'s father is not a doctor.
Can it be possible for the appellant (husband) to file cases (fraud and cheating cases like u/s 415 IPC to 420 IPC etc..) against his father-in-law?



Learning

 13 Replies

Kapil Chandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     05 October 2017

Sir, 

 

Yes but you have to establish that fact. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

Vijay Raj Mahajan (Advocate)     05 October 2017

Consent of marriage is basically with regard to facts , features , qualifications and status of the bride or groom. The status of family or qualifications of parents are secondary in nature and hardly affecting the legality of the marriage in question. More so even if the wrong information about father of bride given at the time of marriage to obtain the consent of groom by what means that information will affect the groom as he's marrying the daughter not the father. By making this an issue for filling criminal complaint against the father will not serve as ground for annulment of marriage which otherwise is valid. The criminality depend on the intention as well act doing in furtherance in that offence. For the purpose of cheating the groom what financial losses incurred to him by the wrong information about the profession of the father of the bride, this question will has to be answered by the complainant.

Pawan S (Advocate)     05 October 2017

Thanks Experts.

Dear Vijay,

The Annulment is not the question as the appellant (husband) is not asking for the annulment. Divorce proceeding is in progress, which entails, both the parties has accepted the marriage which is implied. So, no party is questioning about the legality of marriage.

The Respondent (wife) already admitted in one of the proceeding that her father has lied about their family status and stated that he is not a doctor.

After knowing about the fact during the proceeding, the appellant (husband) wants to file cases (fraud and cheating cases like u/s 415 IPC to 420 IPC etc..) against his father-in-law?

The intention of the father-in-law is very much clear.To get the consent of the appellant (husband) for the marriage, he lied about his profession/family status.

Generally, the parties in marriage always/should look for family status, family background, family culture etc.. at the time of seeking a suitable alliance. And you can understand, these facts and the surrounding environment  play a vital role in one’s life. So, people always want an alliance with sound & healthy background.

Do, you think it is right, if the other party provide wrong details about family only to acquire the consent at the time of seeking alliance?

Caveat Emptor cannot be applied here. And it is not required in this kind of events. Because, these things & marriage, mostly depends on faith & trust.

It is not possible to VALIDATE all the details of the party involve in the marriage.

Please NOTE – The appellant (husband) is not seeking divorce on this ground (that his father-in-law has lied). He came to know about this fact at the time of divorce proceeding.  He just wants to file cases (fraud and cheating cases like u/s 415 IPC to 420 IPC etc..) against his father-in-law?

Regards,

 

G.L.N. Prasad (Retired employee.)     05 October 2017

It all depends on your education etc.  I am not sure but caveat emptor also applies.  You have to find out on your own about the facts on bride's family.  I have yet to see a divorce being granted because father in law has lied in his profession.  (In fact Hindu tradition is that lies on marriage are different from lies on deceive,..the saying for marriage under 1000 lies) LOL

Siddharth Srivastava (Advocate)     05 October 2017

Strictly no case under section 415 IPC is made out. It is a case of misrepresentation but not of cheating.

Vijay Raj Mahajan (Advocate)     05 October 2017

It seems you know more than experienced lawyers in practice so do whatever you feel like. Criminal complaint u/s 415, 420 IPC may be a good source of income for lawyers of both sides that's per sure, whether your complaint fail or not as each level. Thanks a lot for providing source of income for lawyers through frivolous litigation.
1 Like

Pawan S (Advocate)     05 October 2017

Dear Sidharth,

 

Misrepresentation is the action which can be easily defined as a false communication of facts made unintentionally or innocently. Misrepresentation is treated as Fraud if there is an intentional false communication of facts to gain the consent of the other party. Section.18 of the Indian Contract Act, 1872 stated that any action to be considered as Misrepresentation should include one or more of the following:

 

⦿ There should be a false communication of information by one party to another party without an intention to deceive.
⦿ The Misrepresented information must relate to the material fact and should not be expressed as an opinion.
⦿ The person who communicated false information believes it is as true and he is not aware it is false.

 

Do you think, the action of the Applent’s father-in-law (that he was a doctor) was made unintentionally? And does it falls under the ambit of misrepresentation (supra).

The intention of the father-in-law is very much clear even to a blind person J. To get the consent of the appellant (husband) for the marriage, he lied about his profession/family status.

 

 

Dear Vijay,

The knowledge does not confine in the boundaries of experience. Do you mean, ALL experienced lawyers know more than others.

Since I am not knowledgeable like you so, I was just trying to gather some drop of knowledge from your vast sea of knowledge. But  it seems you are taking this personally.

I did not question you about your knowledge or experience. I was just trying to clarify the matter.

 

I have provided the my point of view, why I feel its not a frivolous litigation. Please clarify, why you feel it frivolous litigation.
I do not charge a single penny for the providing advices. So, don't tell me its a source of income :)

Siddharth Srivastava (Advocate)     05 October 2017

Mr. Pawan Saha, You seem to be a very young lawyer. Desist from addressing directly in such a manner. It is not a good gesture on your part. I have given my opinion and it is your sweet Will to disagree. I donot want to indulge in any foolish discussion. This platform is not to teach young aspirants in law. 

Pawan S (Advocate)     05 October 2017

Mr Sidharth Srivastav, Which part of my gesture upsets you? I cannot help you if my question upsets you.

Definitely, it is very easy to bypass the answer by saying the question/discussion, a foolish one. J

I am very well aware of the platform. This platform is not to teach young aspirants in law. On the other hand, this platform is to gather advices from EXPERTS, who know the law better J

P. Venu (Advocate)     05 October 2017

Legally and ethically, marriage is a union involving two persons. As such, unrelated or unconnected incidents or aspects do not constitute a cause for seeking divorce or pursuing a criminal action.

Pawan S (Advocate)     05 October 2017

Dear Experts,

I really thank you all for your advices.

The appellant (husband) is NOT (I repeat NOT) seeking divorce on this ground (that his father-in-law has lied). He came to know about this fact at the time of divorce proceeding which is already been started a long time back. Recently he got the know about the fact. The Respondent (wife) already admitted in one of the proceeding that her father has lied about their family status and stated that he is not a doctor.
 

I personally feel and will advise, once divorce, no need to waste time, effort & money on these litigations. And, one should move on without looking into the past.

 

Sir, Filing cases under the above circumstance is a feasible option or not, that’s a different question.

I just want to know, is that possible, file cases (fraud and cheating cases like u/s 415 IPC to 420 IPC etc..) against his father-in-law in above the circumstance? 

Pawan S (Advocate)     05 October 2017

Thanks Ramesh Sir. So, does it means, providing wrong info to marriage alliances INTENTIONALLY only to get the consent for marriage is not wrong/illegal.. 

sachin sharma (Advocate)     06 October 2017

Sir, no case under section 415/420. It is familiar to Indian courts as well that at the time of marriage both parties exagerate themselves. It is the duty of both the parties to check the family background of each other. Though the rule of Caveat Emptor is a rule of Contract act and Hindu marriage is not a contract, however, court wil consider this rule in such kind of unnecessary litigations.


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