Misrepresentation of property status
Ranganath
(Querist) 25 May 2012
This query is : Resolved
Ld Counsels,
If there is any misrepresentation of property status of parents of the spouse can the other party get the marriage annulled on the ground of fraud. Say if it is an arranged marriage and if wife and her parents falsely stated that they are living in their own residential apartments which was found to be false after marriage.
Thanks.
R.K Nanda
(Expert) 25 May 2012
It is no ground for getting the marriage annulled.
Adv.R.P.Chugh
(Expert) 25 May 2012
No that is emphatically not a ground for annulment and does not vitiate consent as having been obtained under fraud.
Not just any fraud entitles you to get the marriage annulled but the fraud should be with respect to a material fact concerning the respondent. A material fact is one on which the consent of a person depends, if it had been otherwise person would not have consented.
This does not apply in the present case for two reasons :-
i) It is not a material fact - If otherwise things are good - a person won't say no to marriage merely because the wife (who has to invariably come down to matrimonial home) lived in a rented house.
ii) it is not one concerning the respondent /wife for the reason aforementioned.
Sudhir Kumar, Advocate 
(Expert) 26 May 2012
It may not be ground of divorce but it an be ground of criminal case of cheating as a consent has been obtained by misrepresentation and if the consent would not have been there if truth was placed.
Adv.R.P.Chugh
(Expert) 26 May 2012
I differ with Ld.Sudhir Jee, there is no Cause of Action for a criminal case too, for the following reasons :-
* The intention was not dishonest - dishonest means wrongfull loss to one or wrongful loss to another. Can't be said that the girl's family decieved (fradulently) with an intention to cause wrongfull gain to them (to which they were not entitled) or wrongfull loss to groom's side (to deprive them of something they were otherwise entitled.
It may also invite judicial wrath when you try proving that the groom's side would not have married had they known girl's parents don't have a self owned home. Nothing would come out of it, infact this prosecution may backfire as regards 498A/406 - for it raises an inference that girl's side owning a house is that material a consideration to us !!!!
Ranganath
(Querist) 26 May 2012
I am surprised if a man makes misrepresentation that becomes a ground for a woman but the same ground is no available for man.
Pls take a look at this judgment of Delhi HC.
http://indiankanoon.org/doc/1816862/
Ranganath
(Querist) 26 May 2012
very curious to observe that a genuine concern of a man can be sub-dued by rising the fears of false 498a and 406. How many of you male lawyers will agree to continue the marriage if you come to know the indigent status of a woman which was falsely represented before marriage and after marriage deserted husband to provide assitance to her parents. marriage for all practical reasons provides security and stability in life, financial conditions is of paramount importance for peace in matrimony. Law cannot be so unrealistic towards a woman and her family for deceiving a man.
Shonee Kapoor
(Expert) 29 May 2012
It can be done.
Annulment can be filed on any such suppressed information, whose release would have effected the matter to the extent that marriage would not have fructified.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
