|Case No.||AIR 1968 Pat. 190|
|Date of Judgement||18.02.1967|
|Court||High Court of Patna|
|Bench||Honorable judge G.N. Prasad|
This case deals under the provision of the Hindu Marriage Act, 1955 which is based on consent by fraud under section 12(1)(c) of Hindu Marriage Act. Section 12(1)(c) states that if any person by committing a fraud or by forcefully taking a consent for the marriage can become a ground of dissolution of marriage under Hindu Marriage Act.
Facts of the case: –
- In this case a father stated to her daughter that I have fixed your marriage with a man who is between the age of 25 to 30 year and her daughter said yes to marry with that man.
- During the marriage just because of customary rules the girl is unable to see her husband face and after completing the marriage she got in knowledge that the man to whom she marries is about 60-years-old.
- After knowing the truth about the marriage, the girls feel herself that his father has committed a fraud with her during the marriage by stating wrong identification about her husband.
- Based on fraud ground, that girl knock the door of the court for dissolving her marriage.
Relevant sections: –
This case involved under the various laws.
- Section 5 – Conditions of Hindu Marriage.
- Section 12, 12(1) (c) which is based on voidable marriage.
- Section 498 of Indian Penal Code, 1860.
- Section 17 of fraud of Indian Contract Act.
- Section 28 deals under the appeals from decrees and orders.
Issues raised: –
- Whether the case of the petitioner fall under Section 12(1) (c)?
- Whether the petitioner is entitled to dissolve the marriage?
- Whether the consent of the mother matters or not or obtained by fraud and misrepresentation?
- Whether the fraud is done by his husband or by his father?
Contentions of the case: –
Petitioner side: –
- The petitioner stated that the respondent has done fraud to get the consent for married.
- The petitioner also stated that when she denied to leave with her the respondent use a force to stop her.
- The petitioner put her grounds in front of the court to support her but the respondent contradicts all.
Respondent side: –
- The respondent stated that the petition filed by the petitioner must be rejected because there was no valid proof.
- The respondent also stated that the misrepresentation or fraud of age is done by his father not by the respondent.
- The marriage must be dissolved on the fault of her father not on the side respondent.
Judgement of the case: –
The court stated that the father of girl has taken the consent under the fraud circumstances which is clarify by the section 17 of the contract act. It is the duty of the father to the true disclosure of facts related to marriage to his child. At last, the case of the appellant within the ambit of clause (c) of section 12 (1) of the Act due to which the marriage stands cancelled or annulled.
To conclude here, this whole case deals with the fraud and misrepresentation which occurred by the father towards his daughter by not revealing the clear identity of the groom towards her daughter married. So, the court after considering all side contentions declared that marriage stands annulled.
Reference of the case: –
This Case Analysis is written by SOMYA RAJAWAT student of Maharani Laxmi Bai Arts and Commerce College, Gwalior Madhya Pradesh.
Intern at legal vidhiya.