famaily court

Dear Client,
Section 12 of the HMA, 1955, deals with voidable marriages and provides a remedy for parties who are in a void or voidable marriage. A marriage will be deemed voidable if consent is obtained by force or fraud. 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 grounds for a voidable marriage within the purview of Section 12(1)(c) of the Hindu Marriage Act, 1955. Under the Hindu Marriage Act (HMA), Special Marriage Act (SMA), and Islamic law, concealing significant facts before marriage can lead to a marriage being considered voidable, meaning the deceived party can seek to annul the marriage, as concealment is considered a breach of trust and can significantly impact the informed consent needed for a valid marriage; this could include hiding information about prior marriages, health issues, financial status, or children. The deceived spouse must prove that the concealed information was material and that they would not have consented to the marriage had they known about it. Given the settled position of law, your sister can file a petition under Section 12(1)(c) of the Hindu Marriage Act, 1955, before the Family seeking a decree annuling a void or voidable marriage.