A misrepresentation about a material fact, such as the employment status of the bridegroom, which induces the consent of the other party, constitutes fraud under Section 12(1)(c) of the Hindu Marriage Act, 1955.

( 1 ) THIS appeal is filed by the unsuccessful wife (petitioner-appellant) seeking annulment of her marriage with respondent No. 1 against the judgment and decree dated 13-21991 passed by learned Judge, Family Court, Bareilly.

( 2 ) THE annulment of the marriage is sought under Section 12 (1) clause (c) of the Hindu Marriage Act, 1955 (the Act, for short), which, in so far as the relevant for the purpose of this case, reads that any marriage solemnized whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on the ground that the consent of the petitioner, was obtained by force or by fraud as to the nature of ceremony or as to any material fact or circumstance concerning the respondent.

( 3 ) SECTION 12 describes the circumstances rendering a marriage voidable. A coidable marriage remains valid and binding and continues to subsist for all purposes unless a decree is passed by the court annulling the same on any of the grounds, mentioned in this Section. There is a distinction between a marriage void ipso jure and a marriage which is voidable at the instance of one of the parties to the same; the former is a nullity from the inception and the latter continues to be valid, unless annulled by a decree of the competent court of law.

( 4 ) THE ceremony of marriage under the Act, although it creates relation and a status not imposed or defined by contract, does require the consent of the parties to the solemnisation of it. Absence of consent does not render the marriage void ipso jure but voidable at the instance of the party whose consent was obtained by force or fraud. This rule is not absolute and will not operate if : (I) the petition is presented more than one year after the force ceases or the fraud is discovered; or (II) the petitioner, has, with his or her full consent and knowledge exist in the marriage by living with the other party to the marriage as husband or wife.

( 5 ) THE marriage is sought to be annulled by a decree of nullity by the petitioner in this case on the ground of fraud and in alternative on the ground of cruelty. The case of the petitioner is that her marriage was celebrated on 6-2-1988 and Vida took place on 7-2-1988; that after Vida she went to the matrimonial home where she stayed for about four days; that after four days of the marriage she was brought back to her parents house by her brother; that she returned to the matrimonial home after one month; that she was pestered all the time by her in-laws to arrange a cash of Rs. 50,000. 00; that her father came to Moradabad to see her on 29-5-1988; then she was told by the respondents that he (her father) would not be permitted to enter into the matrimonial home, unless he handed over Rs. 50,000. 00 as part of dowry; that it was then that the petitioner discovered that he husband (respondent No. 1) was unemployed and was not an Assistant Chemist in Bajpur Sugar Factory, which he professed to be at the time of the negotiations of the marriage, which lured the petitioner to give her consent to the marriage and that he demanded Rupees 50,000/- from her for being given as bribe to secure a job for himself. It is averred that there is much disparity in academic standard of both the spouses; whereas the petitioner is a first class post graduate in drawing and painting and she has also done B. Ed. and thereafter was doing research in drawing and painting, her husband is only a science graduate. It is averred that at the time of negotiations of the marriage, respondent No. 1 and members of his family, who visited the petitioner on 20-12-1978 for the first time for approving her for marriage, had mis-represented that respondent now was well employed in the aforesaid Sugar Factory on a salary of Rupees 1700/- per month. The contention of the petitioner is that she would not have given consent to marry with respondent No. 1 if she had known the true fact that respondent No. 1 did not have a secured job in th