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...fraudulent misrepresentation in obtaining the consent of the appellant for the marriage. According to him he knew the appellant and her family for the last several years; he was visiting their house quite...District Judge, Alipore) for declaring her marriage with the respondent a nullity on the ground that her consent in the marriage was obtained by fraud within the meaning of Section 25(iii) of the...why the marriage was not consummated for a period of about 8 months after the marriage. He could not also produce a single photograph of both the parties together, let alone photographs of the marriage...
...ground for declaring the marriage to be a nullity was mainly misrepresentation by the appellant regarding his social status and that he was a Hindu by religion, although it transpired after the...Altamas Kabir, J.— The only question which falls for determination in this civil appeal by way of special leave is whether a marriage entered into by a Hindu with a Christian...No. 84 of 1997, under Section 12(1)(c) of the 1955 Act, for a decree of nullity of the marriage entered into between the parties on 24-10-1996 on the grounds mentioned in the said petition. The main...
...the contention of the learned counsel for the appellant that the respondent-husband having married the appellant-wife without any misrepresentation or fraud by her, could not file a petition for..., this appeal is allowed and the decree granted by the trial Court is set aside and the petition for nullity of marriage filed by the respondent-husband is dismissed.Appeal allowed....Adarsh Kumar Goel, J.:— This appeal has been preferred against the judgment and decree of the Additional District Judge, Yamunanagar, dated 11.8.1995 declaring the marriage to the nullity...
...whereupon the present complaint was filed by the complainant alleging that she had been sexually exploited and her life has been spoiled by the present petitioner by obtaining her consent for marriage by misrepresentation. ...complainant for contracting marriage having been obtained by fraud or misrepresentation is made out. This fact does not require any custodial interrogation because the complainant herself has to testify...seized by the police as per their status report. The case of the prosecution is that the consent of the complainant for the marriage was obtained by misrepresentation and under the guise of the so...
...will be supplied to him. On this assurance, misrepresentation about qualification in engineering of the respondent, he agreed for marriage. Betrothal ceremony took place and on 23.01.2011 marriage was...about misrepresentation with regard to the technical educational qualification, the family members of the respondent threatened him that now marriage is solemnized and if he proceeded for any action he...result declared on 08.02.2011, the respondent was declared failed. Thus, his consent for marriage was obtained on misrepresentation. He further submits that he also discovered that photograph of some...
...that the defendant played fraud and misrepresentation for registering the marriage with him. But the said contention will falsify in his own admission in the course of his cross examination. They (were...declaration that his marriage with the respondent herein that was solemnised on 28.01.2012 is illegal, null and void and for grant of mandatory injunction directing the Registrar of Marriages, Belagavi to...cancel the registration of marriage dated 28.01.2012.
2. We have heard learned counsel for the appellant regarding admission of the appeal and perused the impugned judgment...
...of marriage. All that was stated was that his consent for marriage was obtained by wilful misrepresentation and fraud at the time of the betrothal in February 1955, when negotiations took place...section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for the annulment of his marriage with Smt. Brij Balab Kaur, ....2. According to the allegations of the petitioner, the parties were married on 12th July 1955 at Jullundur. The negotiations for this marriage took place between the petitioner and his...
...husband who is looking for a graduate as his wife would not have consented for the marriage if the misrepresentation had not been made. In the result, it must be held that the consent of the appellant...his marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955 (for hort 'the Act').
2. Parties were married on March 1, 1987 at New Delhi and before...:--
"Punjabi match for 25 years old, beautiful Graduate Brahmin girl, legally divorced soon after marriage. Caste no bar. Box 24609-C.A."
The re...
...fraud in getting her consent for the marriage by misrepresentation of the respondent's qualification and financial status, she prayed for dissolution of marriage.6. The respondent...D. Sreedevi, J.:— Petition under Ss. 10, 18 and 19 of the Indian Divorce Act for a decree declaring that the marriage between the petitioner and the respondent...is null and void or in the alternative pass a decree for dissolution of the marriage. The petitioner is the wife and the respondent is the husband. Their marriage was solemnised on 12.2.1995 at St...
...the marriage is not a ground for a decree of nullity.
Nor is express misrepresentation by a woman as to her chastity of itself ground for avoidance of the marriage, though, of course...wife or from performing her part in the bearing of off spring, and to consider misrepresentation in regard thereto a ground for decreeing nullity of marriage would be inconsistent with reason and sound...1. The present appeal arises out of a petition for annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955 by Surjit Kumar petitioner, the...
...the said wrong statements and misrepresentation made by the husband, she agreed for the marriage with the husband and that had she been in full knowledge of all material facts about the husband, she...would not have married him. In other words, it is only misrepresentation that made her to agree for the marriage with the husband and hence, she was totally cheated. He further submits that because of...section 12 of the hindu marriage act, 1955 (for short, "the act") , seeking a decree of nullity of the marriage of the petitioner therein wi...
...detenue and she expressed her desire to continue with her parents. She alleged that she was misled and the marriage, if at all entered into, is for reason of a misrepresentation by the petitioner. The...condition of the alleged detenue. The 2 respondent was also directed to produce his daughter, the alleged detenue, before the Secretary, District Legal Services Authority [for brevity, ‘the DLSA...’], Thiruvananthapuram on 02.09.2021.
2. The Secretary, DLSA, Thiruvananthapuram today facilitated video conferencing for the daughter of the 2 respondent. We interacted with the alleged...
...misrepresentation. Case of the petitioner is that the respondent called the petitioner as a witness for the solemnization of marriage of one of his friend's. But the details of those friends are not...the evidence is not sufficient to hold that marriage was solemnized by misrepresentation or fraud. Hence I am not inclined to declare the marriage as null and void as prayed for.”7...the appellant was that she and the respondent were friends and that the respondent requested her to be a witness for the registration of the marriage of one of his friends and he took her to the...
...petitioner is that respondent No. 1 knew well that he was not employed, but he induced her to believe by mis-representing that he was well employed and that she consented for marriage on account of the consideration of a well secure...respondent No. 1 had made false statements to the petitioner that he was employed on monthly salary of Rs. 1700/- in the Sugar Factory and he induced the petitioner to give assent for marriage on the basis of that ...learned Judge, Family Court, Bareilly.2. The annulment of the marriage is sought under Section 12(1) clause (c) of the Hindu Marriage Act, 1955 (the Act, for short...
...consent of the victim girl for marriage by misrepresentation of fact, inasmuch as the petitioner made her to believe that since his first wife is dead he wanted to many her. Even accepting this...manual labour.3. It is alleged that in the year 1992 the petitioner developed intimacy with the victim girl and gave her a proposal for marriage saying that his first wife is dead. She...submission of the prosecution could it be boncluded that consent of the victim girl for sexual intercourse was obtained by misrepresentation of fact? It is not the case of the prosecution that the petitioner...
...seems, in even stronger cases where full disclosures would have prevented the marriage; for fraudulent misrepresentation or concealment does not affect the validity of a marriage to which the parties...a decree of nullity of the marriage on the ground of fraud, and in the alternative, a decree for judicial separation on the ground of cruelty.3. The respondent contested the petitioner's...three years, he would say that she is cured. He has also said that he was treating the respondent since February 1961 and he could find that for a period of about one year before her marriage, she did...
...misrepresentation, the petitioner sought for declaring the marriage as null and void. He also contended that she was not having menstrual periods and during her stay though he had taken maximum...9.9.2006 as per Hindu Religious rites and ceremonies. They lived together only for six months. The contention raised by the petitioner/husband was that during the initial days of marriage itself she.../husband argued that evidence of PW2 by itself proves that she was unable to procreate any children and for that reason itself the marriage is liable to be declared null and void. It is a clear case of...
...this petition.
16. Further, the case of the prosecution that consent of the complainant for marriage was obtained by misrepresentation or on the guise of marriage would...:
For the Petitioner : Mr. Mohinder Nath Dudeja, Mr Anuj Chauhan and Mr Nitin Sharma.
For the Respondent : Ms Anita Abraham, APP.
Mr Ram...Kumar and Mr L.K.Dixit for the
complainant.
SI Shubhangi, PS Preet Vihar.
CORAM:-
HON'BLE MR JUSTICE SANJEEV...
...duress: Apart from duress or imbecility of mind amounting to insanity and apart from the grounds for avoiding a marriage in the circumstances introduced by statute in 1937, fraudulent misrepresentation...of 1955 for a declaration that his marriage with the respondent Lajjabati Devi is null and void. In the petition the uncle and two brothers of Lajjabati Devi are impleaded as defendants....
2. The undisputed facts leading to this unfortunate litigation is as follows: Sometime in January 1955 negotiations for marriage between the parties were opened through a match-maker. At the...
..., misrepresentation and coersion.3. The respondent resisted the petition by filing a counter alleging that while he was in the employment of the father of the petitioner for a short while...the alleged marriage between the parties was brought about by fraud, misrepresentation and coercion and hence null and void?“(7) whether this court has jurisdiction, the marriage not...obtained to various documents including the application form to the Registrar and that she never consented for the marriage freely.6. As against this, the respondent, as R.W 1 concedes...