Legal advice: Relationship of 10 years held in illegal confinement

Dear Client,
Section 12 of the Hindu Marriage Act, 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. 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 governing laws, aggrieved spouse can file a petition under Section 12(1)(c) of the Hindu Marriage Act, 1955, before the Family Court seeking a decree annulling a void or voidable marriage. Further, when a married person involves in an extramarital affair or even stays in a live-in relationship with another person without ending his or her previous marriage, it constitutes an offense of bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts punishment of imprisonment for seven years or more, depending on the severity of the crime. An adult person reaching marriageable age has the right to choose his or her life partner. Parents or any person cannot force or oblige a person to make a lifetime decision against his/her will or consent which is unconstitutional and impermissible under the law. In the given scenario, filing a writ of Habeas Corpus before the High Court is a viable option to navigate the matter effectively. Apart from this, an aggrieved person can inform his or her plights/ordeals online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission who are empowered to investigate complaints related to domestic violence or infringement of fundamental or constitutional rights. of any citizen. To address or resolve a false complaint or false allegation if filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(now Sec.528 of BNSS). Hence, it is advisable to consult with an expert professional for tailored advice and steps to navigate the issues effectively.