Fraud on marriage
Ranganath
(Querist) 09 August 2009
This query is : Resolved
Ld cousels,
There are diferent interpretations by courts with regards to fraud on marriage.
Commonly quoted observation is that the extent of fraud should amount to deception due to which the consent of the aggrieved spouse is not a valid consent in light of the fraud.
In my humble opinion, This is a hyper technical view. Please let me know if one spouse come to know about the mis-representation made regarding family status and financial situation and about the father-in-law being subjected to disciplinary action by the govt. due to which he was affected monetarily and depends on others. all these details were concealed before marriage.
I dont think any educated family would liketo contract marriage with a family headed by a tainted person.
Will this be a ground for annulling a marriage due to fraud.
Please clarify
Thanks
Sarvesh Kumar Sharma Advocate
(Expert) 09 August 2009
to know every thing of the spouse before the marriage is second's responsbilty.
now how u can proove that u does not know all things before marriage?
may be u r innocent and the another is mismatched.but how explain them imposter!
Ranganath
(Querist) 10 August 2009
my ignorance of facts mentioned can be proved by the mis-representations made..
If mis-representation is proved the ignorance of facts should be proved automatically. And the mis-prepresentaiton was important for consenting for the marriage.
SANJAY DIXIT
(Expert) 10 August 2009
You may take a chance.
As I think generally in case of annulment the courts consider the fraud which is directly related to life partners (spouse) and not their family members or otherwise.
Advocate SK Rohilla New Delhi
(Expert) 10 August 2009
The facts alleged to be concealed is not a necessary considerations so as to influence the decision for marriage.
Ranganath
(Querist) 10 August 2009
Thank you Mr. Sanjay for your opinion. Responses from almost all the counsels here were very professional, addressing the subject matter with good insight. Its a relief in itself to be a part of this forum.
charudureja
(Expert) 10 August 2009
I agree with Mr. Sanjay Dixit. He is right while considering the matter the court will take into consideration matters which are directly related to the partners and not the facts comcerning the other members of the family.
