AIR 1964 PUNJAB 359

Punjab High Court

Hon'ble Judge(s): P. C. Pandit , J

Hindu Marriage Act (25 of 1955) , S.12— Contract Act (9 of 1872) , S.17— Annulment at marriage - Grounds - Consent obtained by fraud - Fraud, meaning of - Definition in, not applicable - Petition alleging past immoral conduct of respondent and fraudulent misrepresentation about her character at time of obtaining consent of petitioner - Petition not maintainable as disclosing no cause of action. Under S. 12, Hindu Marriage Act any marriage whether solemnised before or after the commencement of that Act shall be voidable and may be annulled on any of the four grounds specified therein, one of them being where the consent of the petitioner was obtained by force or fraud (vide S. 12(1)(c)). The definition of fraud given in S. 17 Contract Act would not be applicable to @page-Punj360 a marriage under the Hindu Law, because a Hindu marriage is a sacrament and not a contract. AIR 1937 Cal 214, Rel. on.(Para 8) The word 'fraud' as a ground for the annulment of the marriage under the Hindu Law is limited only to those cases where the consent of the petitioner at the solemnization of the marriage was obtained by some sort of deception. It is not used in a general way and on every misrepresentation or concealment, the marriage cannot be dissolved. If the term 'fraud' is to be interpreted according to the defin....