Cheating on education qualifications
3 weeks ago
I am from Bangalore and I arranged marriage for my son and the bride is from Proddatur(A.P.). My son is M.C.A and I preferably looking bride atleast with graduation.
I received Biodata from bride family, in that they clearly mention the education as B.Tech and verbally also they told that she is a graduate and ready to go for the job in Bangalore.
After one month of marriage we told bride to apply for the job. Then only we came to know that she had not completed her degree with 2 papers as arrears.
Her degree academic year is 2014-2018.
Marriage done on Dec.24.
Kindly suggest how can we solve the issue
A.Dear Client,
The Hindu Marriage Act, 1955 outlines conditions under which a marriage can be deemed voidable, including consent obtained through force or fraud. Force encompasses physical force or threats, while fraud can involve misrepresentation of age, concealment of facts, or other circumstances affecting consent. Consent obtained by the guardian through force or fraud also renders the marriage voidable.
A Delhi High Court case, Mamta Rani v. Sudhir Sharma (2014), established that concealing a spouse's mental condition constitutes grounds for annulment under Section 12(1)(c) of the Act. However, petitions for voidable marriages are not accepted if presented more than a year after force ceased or fraud was discovered, or if the petitioner continued to cohabit after discovering the force or fraud.
Until a court dissolves the marriage by decree, parties in a voidable marriage retain all rights and duties of marriage. Sections 11 and 12 of the Hindu Marriage Act provide recourse for parties in void or voidable marriages. While marriage is sacred, legal action may be necessary in cases of deception, but consulting an experienced matrimonial lawyer is advisable before taking action against the bride's family for concealing academic qualifications.
The Hindu Marriage Act, 1955 outlines conditions under which a marriage can be deemed voidable, including consent obtained through force or fraud. Force encompasses physical force or threats, while fraud can involve misrepresentation of age, concealment of facts, or other circumstances affecting consent. Consent obtained by the guardian through force or fraud also renders the marriage voidable.
A Delhi High Court case, Mamta Rani v. Sudhir Sharma (2014), established that concealing a spouse's mental condition constitutes grounds for annulment under Section 12(1)(c) of the Act. However, petitions for voidable marriages are not accepted if presented more than a year after force ceased or fraud was discovered, or if the petitioner continued to cohabit after discovering the force or fraud.
Until a court dissolves the marriage by decree, parties in a voidable marriage retain all rights and duties of marriage. Sections 11 and 12 of the Hindu Marriage Act provide recourse for parties in void or voidable marriages. While marriage is sacred, legal action may be necessary in cases of deception, but consulting an experienced matrimonial lawyer is advisable before taking action against the bride's family for concealing academic qualifications.
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A.Dear Sir,
If you want to continue the marriage you may ask your son to continue the same but on the given grounds Indian Courts rarely gives divorce.
If you want to continue the marriage you may ask your son to continue the same but on the given grounds Indian Courts rarely gives divorce.
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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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