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Amit Goyal (Practice)     28 September 2009

Query

Hello.. If a boy aged 25 years represent himself an Officer of UPSC and after 2 years married with a girl and they consumated the marriage for 2 days in a hotel... afterwards when the family of girl comes to know that he is no an offier they lodge an FIR after 6 months of marriage u/s 420, 467,468,471, 120-B alongwith Sec. 376 IPC and also filed a petition U/S 12 of HMA, 1955.  MY question is this whether this marriage is voidable u/s 12 because just represent himself or by print media is a fraud u/s 12 of HMA? 

As fact stated in HIndu law that if somebody represent himself as a Prince or a Big Officer than this is not amounts to be fraud? but i have no authority upon it..please is somebody have authority upon this law please specify it to me? thanks



 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 September 2009

Dear Amit,

It is not a cheating.  I have not come across the rulings, but in general u can argue.

Sarvesh Kumar Sharma Advocate (Advocacy)     29 September 2009

 cheating

Guest (Guest)     29 September 2009

It is a fraud on metrial fact and the marriage can be annualed.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     29 September 2009

Mr.Prabhkar is right but depends upon proof precured by the girl side.

Regards


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