Annulment of Marriage on a Ground of Fraud under Hindu Marriage Act 1955
By
S. D. Punekar
Section 12 (1)(C) of Hindu Marriage Act 1955 (hereinafter referred as Act) says
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds namely
(C) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under S. 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or to any material fact or circumstance concerning the respondent.
The words "as to the nature of the ceremony or to any material fact or circumstance concerning the respondent" are added by the Amendment Act 1976.
Section 25(iii)..of Special Marriage Act 1954 Says ... 'fraud' is defined in Indian Contract Act 1872.
The word fraud has a technical ....