Decree of nullity under section 12(1)(c)HMA

in case you in possession of that forged certificate, you can not only file nullity but also file a complaint of forgery against her.

Thanks Rajiv, but could v hv any case law in hand in which it would have been clearly laid down that " lying with respect to one's education is material fact", for qualifying to obtain the decree of annullity u/s 12(1)(c) of HMA.

in such cases, the court has to be convinced with the gravity of misrepresentation.  e.g. lying in the bio data about education may not be termed as reason for nulllity but in furtherance to that misrepresentation, forging a certificate would.  one needs to corroborate his or her allegation and certificate is a cogent evidence.  in case i come across the case law on this point, i would write in again.

Dear Mr. Vikas Walia,  The word fraud within the meaning of S.12(1)(c) of Hindu Marriage Act is not each and every misrepresentation or concealment which may be fraudulent.  It has a limited meaning.  In the section, fraud refers to and refers only to the consent of the petitioner to the solemnisation of the marriage.  Therefore fraud means (a) deception as to the identity of the other party to the marriage or (b) deception as to the nature of ceremonies being performed.  Where consent is given with the intention to marry the other party and with the knowledge that what is being performed is marriage, an objection to the validity of the marriage is not tenable.

it can be supression of a material fact regarding the respondent. it should be a fact on revealing which consent to marraige  will not have been given by petitioner. also there shud not be husband wife relation after discovery of fraud and petition shud be presented within one year of discovery of fraud, even lie regarding possesion of a flat by father of a man was taken as fraud in recent case in delhi high court.

please go thru https://www.indiankanoon.org/doc/763785/

HI EVERYBODY ! I HAVE FILED IN HMOP FOR NULL & VOID MARRIAGE ON 12.07.10 UNDER SECTION 12 (1)C. THE RESPONDENT COUNSEL FILED THE COUNTER ON OCTOBER 2011 AND FILED FOR INTERIM MAINTENANCE ALSO. I ALREADY FILED THE COUNTER FOR IA. THEN I GOT THE HIGH COURT DIRECTION TO COMPLETE THE HMOP ON OR BEFORE 30.04.12. NOW AFTER TWO YEARS THE RESPONDENT COUNSEL FILED A MEMO THAT THE HMOP IS NOT LIABLE. IT SHOULD BE FILED UNDER OS HENCE TO DISMISS THE CASE. IS THERE ANY POSIIBLITIES OF DISMISSING THE CASE OR IS THERE ANY CITATION REGARDING THESE TO AVOID THE DISMISSAL OF MY CASE.

A married B on his representation that he was a graduate. However, it turns out to be a falsehood. It is a clear case of a caoncealment of a fact regarding the Respondent. Ok. Is it a meterial false representation so as to avoid the marriage by attracting Sec 12 (1) (c).

If so, can A file a petition before the Family court or a suit for declaration before the Civil court?

In any event while A is away from India whether her mother of father is competant to move the appropriate forumn that too on their own accord i.e. in their personal capacity to nullify the marriage of the daughter?

A married B on his representation that he was a graduate. However, it turns out to be a falsehood. It is a clear case of a caoncealment of a fact regarding the Respondent. Ok. Is it a meterial false representation so as to avoid the marriage by attracting Sec 12 (1) (c).

If so, can A file a petition before the Family court or a suit for declaration before the Civil court?

In any event while A is away from India whether her mother of father is competant to move the appropriate forumn that too on their own accord i.e. in their personal capacity to nullify the marriage of the daughter?

You should have filed your problem in a new thread instead of digging out earlier one.

Still read the above earlier replies and such cancealment is not fraud it can even be proved that both sided had knowledge.

And other persons can not initiate any action in such matters.