Begining of transaction in the case of arranged marriage
Querist :
Anonymous
(Querist) 29 September 2011
This query is : Resolved
Dear Friends,
Can any one help me with the proposition of law in case of prima facie offense of cheating in marriage the inception of transaction is the day of marriage or when the huband and wife side exchanged thier bio-data for marriage proposal.
When will the intentional inducement or dishonest concealment need to be shown. Help me with relevant citation if any in case of arraiged marriage.
Thanks.
Shonee Kapoor
(Expert) 29 September 2011
Unable to understand, what you want to get.
Is it matrimonial fraud, you want to get out of marriage? Then HMA provisions would be applicable. Which states, One Year from the date of finding out fraud a petition for nullity can be made.
However, if it is a case under 420IPC, there is no time limit and case can be lodged as and when the fraud is found out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
AugustPunitha
(Expert) 29 September 2011
Please clarify what is the intentional inducement or dishonest concealment.
You file nullity petition under HMA ACT OR under 420 IPC
Shastri J.K.
(Expert) 29 September 2011
It is depend on their personal law.
prabhakar singh
(Expert) 29 September 2011
Remarked rightly by Shonee Kapoor "Unable to understand, what you want to get."
Hence i a feel unable to answer any more.
Cheating as popularly called as 420[though not true]is defined in section 415 IPC as follows:
"Section 415. Cheating
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".
Explanation
A dishonest concealment of facts is deception within the meaning of this section.
Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit make on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believer that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver and thereby dishonestly induces Z to advance money upon the faith of such deliver. A cheats; but if A, at the of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and coveys an estate to B.A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats."
How ever to decide what a fraud may be or amounts to i wish to carry you to its definition in section 17 of Indian Contract Act for civil liability is always gets attracted [criminal is provided now in very countries]which reads as follows:
"17. "fraud defined "
"Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agents,1 with intent to deceive another party thereto his agent, or to induce him to enter into the contract;
(1) the suggestion as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2, or unless his silence, is, in itself, equivalent to speech.
Illustrations
(a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse’s unsoundness. This is not fraud in A.
(b) B is A’s daughter and has just come of age. Here the relation between the parties would make it A’s duty to tell B if the horse is unsound.
(c) B says to A—‘‘If you do not deny it, I shall assume that the horse is sound”. A says nothing. Here, A’s silence is equivalent to speech.
(d) A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B’s willingness to proceed with the contract. A is not bound to inform B."
ajay sethi
(Expert) 29 September 2011
do you mean to say that bio data furnished by husband or wife is falseas to either educational qualificatiions or salary earning s etc . ?
so after marriage when you found that your wife has cheated you by lying about her educational qulaifications or he work related ?
you will have to prove that you have been cheated . aspoined out by shonne kappor in such case you cna apply for dlcarion that mariiage is null and void if you have been defrauded
Guest
(Expert) 30 September 2011
Cheating started from the day the false and deceptive biodata was exchanged as a marriage proposal.
Shailesh Kumar Shah
(Expert) 07 October 2011
Can you tell that "what is the intentional inducement or dishonest concealment?"
