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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Sameer Pareek – Appellant
Versus
Shweta Pareek Nee Bhatt – Respondent
| Table of Content |
|---|
| 1. annulment of marriage basis prior marriage and salary misrepresentation. (Para 1 , 2 , 3) |
| 2. contentions regarding concealment and misrepresentation. (Para 4 , 5) |
| 3. legal provisions for annulment based on fraud. (Para 6 , 7 , 8) |
| 4. definition and implications of material misrepresentation. (Para 9 , 10 , 11 , 12 , 13) |
| 5. importance of revealing prior marital status. (Para 14 , 15 , 16 , 17) |
| 6. consequences of online misrepresentation in matrimonial profiles. (Para 18 , 19 , 20 , 21 , 22) |
| 7. final judgment dismissing the appeal. (Para 23 , 24) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR J.
1. This appeal has been filed under Section 19 of the FAMILY COURTS ACT , 1984, challenging the Judgement dated 19.01.2024 [Impugned Judgement] passed by the learned Family Court Judge, Rohini (North) District Courts [Family Court], in the matter of “Shweta Pareek née Bhatt vs. Sameer Pareek” bearing H.M.A. No.126 of 2017, whereby the learned Family Court allowed the Petition filed by the Respondent herein under Section 12(1)(c) of the HINDU MARRIAGE ACT , 1955 [HMA].
ISSUE IN HAND:
2. By way of the Impugned Judgment, the learned Family Court has annulled the marriage between the parties under
Concealment of prior marriage and misrepresentation of income constitute fraud under Section 12(1)(c) of the Hindu Marriage Act, voiding the marriage due to compromised consent.
The concealment of a material fact concerning a spouse's ability to conceive constitutes fraud under Section 12(1)(c) of the Hindu Marriage Act, rendering the marriage voidable.
The court reaffirmed that to annul a marriage on grounds of fraud, the burden of proof lies on the appellant to demonstrate concealment of facts; failure to provide personal testimony results in adve....
Concealment of a prior marriage constitutes fraud under Section 12 of the Hindu Marriage Act, justifying annulment of the subsequent marriage.
The main legal point established in the judgment is the requirement for a real consent to the solemnization of marriage and the limited scope of 'fraud' under Hindu Law in the context of annulment of....
Cohabitation after discovering fraud constitutes condonation, barring annulment under Hindu Marriage Act.
Marriage under Hindu law is not voidable based on misrepresentation of health unless consent was not given freely; real consent is paramount.
The petition for annulment of marriage must be filed within one year from the discovery of force or fraud in obtaining the consent for the marriage.
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