Degree incomplete
3 weeks ago
My son is MCA graduate and I searched for a bride with degree only. I was told by bride parents that she is completed B.Tech. and marriage also done. After two months when we ask bride to search for a job, she told that still she not completed degree with two papers arrears. Kindly suggest what to do now.
A.Dear Client,
A marriage will be deemed voidable if consent is obtained by force or fraud. Force can be physical force or threat. Fraud can be committed by the nature of the ceremony, misrepresentation of age, concealment of facts, or any other circumstance of the respondent that may have affected the consent. The consent of the guardian in the marriage of the petitioner obtained by force or by fraud will also be a ground for a voidable marriage within the purview of Section 12(1)(c) of the Hindu Marriage Act, 1955. The Delhi High Court remarked in Mamta Rani v. Sudhir Sharma (2014) that the concealment of the appellant’s mental condition is a ground for annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955. However, a petition for voidable marriages is not admissible or maintainable on the following grounds: 1) The petition is presented more than one year after the force had ceased to operate or, the fraud had been discovered; or 2) If the force had ceased to exist or the fraud had been revealed, the petitioner agreed to cohabitate with the respondent to the marriage as husband or wife. The parties of a voidable marriage have all the rights and duties of marriage until the court dissolves the marriage by a decree. Sections 11 and 12 of the Hindu Marriage Act of 1955 provide a remedy for parties who are in a void or voidable marriage. Although marriage is a holy relationship between a husband and a wife, there is still a complex or unwelcome consequence of an action or event that could lead to a marriage becoming void or voidable. So, in the given situation, it is up to you to make the right decision in the matter considering the future of both the persons in a marriage, but it is always advisable to consult with an experienced Lawyer handling matrimonial matters before taking any legal action against the family of the bride for concealment of facts regarding the academic qualification of the bride.
A marriage will be deemed voidable if consent is obtained by force or fraud. Force can be physical force or threat. Fraud can be committed by the nature of the ceremony, misrepresentation of age, concealment of facts, or any other circumstance of the respondent that may have affected the consent. The consent of the guardian in the marriage of the petitioner obtained by force or by fraud will also be a ground for a voidable marriage within the purview of Section 12(1)(c) of the Hindu Marriage Act, 1955. The Delhi High Court remarked in Mamta Rani v. Sudhir Sharma (2014) that the concealment of the appellant’s mental condition is a ground for annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955. However, a petition for voidable marriages is not admissible or maintainable on the following grounds: 1) The petition is presented more than one year after the force had ceased to operate or, the fraud had been discovered; or 2) If the force had ceased to exist or the fraud had been revealed, the petitioner agreed to cohabitate with the respondent to the marriage as husband or wife. The parties of a voidable marriage have all the rights and duties of marriage until the court dissolves the marriage by a decree. Sections 11 and 12 of the Hindu Marriage Act of 1955 provide a remedy for parties who are in a void or voidable marriage. Although marriage is a holy relationship between a husband and a wife, there is still a complex or unwelcome consequence of an action or event that could lead to a marriage becoming void or voidable. So, in the given situation, it is up to you to make the right decision in the matter considering the future of both the persons in a marriage, but it is always advisable to consult with an experienced Lawyer handling matrimonial matters before taking any legal action against the family of the bride for concealment of facts regarding the academic qualification of the bride.
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