AI Overview...
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Affair at the Time of Marriage - An extramarital affair prior to or during marriage can impact the validity of the marriage, especially if it affects consent or involves deception. For instance, a marriage based on clandestine or fraudulent circumstances may be declared null and void under the Hindu Marriage Act. A case involved a marriage that resulted from an affair, but the mere fact of an affair does not automatically lead to nullity; the specific circumstances and consent are crucial P. Sunder Raj VS P. Sarika Raj - Punjab and Haryana, Indubai Jaydeo Pawar VS Draupada @ Draupadi Jaydeo Pawar - Current Civil Cases.
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Nullity Due to Lack of Consent - Under the Hindu Marriage Act, marriages can be declared null and void if consent was obtained through fraud, coercion, or misrepresentation. For example, if one party was unaware of material facts or was under mistaken beliefs about the marriage, the marriage may be annulled. A case involved a petitioner seeking annulment due to non-knowledge of facts affecting consent, leading to a declaration of nullity under Section 12(1)(c) GOVINDAN EMBRANTHIRI Vs SUJATHA - Kerala, Abraham Jacob VS Usha K Mamman - Kerala.
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Grounds for Nullity under the Hindu Marriage Act - Common grounds include impotency, lunacy, or mental incapacity at the time of marriage, which render the marriage voidable or null. Evidence of mental capacity and ability to consent is critical. For example, a court examined the respondent's mental capacity and her ability to give valid consent, leading to annulment if found lacking Abraham Jacob VS Usha K Mamman - Kerala.
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Marriages Based on Deception or Fraud - Misrepresentations about employment or other material facts can influence the validity of marriage. If such misrepresentations are deemed fraudulent, they can be grounds for annulment or divorce. However, not all misrepresentations amount to fraud; the court assesses their materiality and impact on consent A VS B - Punjab and Haryana.
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Legal and Judicial Perspectives - The law recognizes various types of marriages (clandestine, consensual, marriage of convenience) and their validity depends on adherence to legal requirements and genuine consent. The law also suggests the need for reforms, including the concept of irretrievable breakdown of marriage as a ground for divorce, which could influence nullity cases in the future Jorden Diengdeh VS S. S. Chopra - Supreme Court, Ramakant Dubey VS Usha Dubey - Current Civil Cases.
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Analysis and Conclusion - An extramarital affair or deception at the time of marriage can be grounds for nullity if it affects consent or involves fraud. The key factors include whether the marriage was entered into voluntarily and with full knowledge of material facts. Courts evaluate the circumstances, mental capacity, and intent, with provisions under the Hindu Marriage Act and Civil Procedure Code guiding nullity and divorce proceedings. Overall, the presence of an affair alone does not automatically nullify a marriage; it depends on the context and whether it undermines valid consent P. Sunder Raj VS P. Sarika Raj - Punjab and Haryana, GOVINDAN EMBRANTHIRI Vs SUJATHA - Kerala, Abraham Jacob VS Usha K Mamman - Kerala, Indubai Jaydeo Pawar VS Draupada @ Draupadi Jaydeo Pawar - Current Civil Cases.
References: - P. Sunder Raj VS P. Sarika Raj - Punjab and Haryana - Vasant Ramchandra @ Chander VS Gurudas Vasantrao Yelvande - Bombay - GOVINDAN EMBRANTHIRI Vs SUJATHA - Kerala - SHARAD DUTT VS KIRAN - Delhi - MADAN MOHAN MANNA VS CHITRA MANNA - Calcutta - Ramakant Dubey VS Usha Dubey - Current Civil Cases - Abraham Jacob VS Usha K Mamman - Kerala - A VS B - Punjab and Haryana - Jorden Diengdeh VS S. S. Chopra - Supreme Court - Indubai Jaydeo Pawar VS Draupada @ Draupadi Jaydeo Pawar - Current Civil Cases
Search Results for "Respondent s Affair at the Time of Marriage Amount to Nulity"
2015 0 Supreme(P&H) 141 • India - Punjab and Haryana
S.S.SARON, NAVITA SINGH
(B) Family Courts Act, 1984, S.7--Jurisdiction--The mere fact that the marriage ... by a Family Court set up for the purpose is not to be given and the dispute is not to be restricted to parties to a subsisting marriage ... ... The respondent-wife filed a petition/suit seeking cancellation of ... The marriage between the parties was solemnized at Gurgaon on 30.10.2002. The marriage was an outcome of an affair that the parties had. From the marriage the parties had a ....
2018 0 Supreme(Bom) 583 • India - Bombay
SHALINI PHANSALKAR-JOSHI
39-F - Civil Procedure Code, 1908 - Section 115 - Order 7 - Rule 11(d) - Hindu Marriage Act, 1955, - Section 16 - Children of a marriage ... and husband of Respondent - In paragraph plaint Respondents have described suit properties which consist of agricultural lands and ... share in suit property on ground that these properties are ancestral joint family properties of present Applicant who is father of Respondent ... Thereafter, Applicant No.1-Vasant performed marriage with Respondent....
2017 Supreme(Online)(KER) 47067 • India - High Court of Kerala
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
Fraud - Marriage Annulment - Hindu Marriage Act 1955 - Section 12 - This section allows for annulment of marriages where consent ... Final Decision: The marriage is declared null and void under Section 12(1)(c) of the Hindu Marriage Act. ... Fact of the Case: The petitioner sought annulment of his marriage, claiming he did not consent knowingly due to the ... He was under the impression that, the mother of the respondent wanted some time for arrangement of the marriage#HL....
1997 0 Supreme(Del) 878 • India - Delhi
A.K.SRIVASTAVA
After marriage, the appellant and the respondent lived as husband and wife in appellant's house for some time and the respondent, ... The appellant is Jhingan and the respondent was Jaitley before marriage. ... HINDU MARRIAGE ACT - SECTION 11 - NULLITY OF MARRIAGE - CUSTOM/USAGE - REQUIREMENTS - OPINION EVIDENCE - LACHES - CRUELTY. ... The appellant is Jhingan and the respondent was Jaitley before marriage. After #....
1992 0 Supreme(Cal) 28 • India - Calcutta
L.M.GHOSH, A.C.SENGUPTA
The respondent wife's statements in the written statement in the earlier suit involving the petitioner and Malina did not amount ... HINDU MARRIAGE ACT, 1955 - SECTION 13 - NULLITY OF MARRIAGE - CRUELTY - DESERTION - GROUNDS NOT ESTABLISHED - MARRIAGE NOT IRRETRIEVABLY ... The marriage had not broken down irretrievably as the respondent wife was willing to live with the husband if Malina was removed ... It is not a case where some relief is sought for by the #HL_START....
• India - Current Civil Cases
K.K.LAHOTI, K.S.CHAUHAN
of respondent not such as to amount to cruelty—Divorce petition rightly dismissed by the additional District Judge. ... (i) Hindu Marriage Act, 1955—Section 13(1)(ia) —Dissolution of marriage—On ground of cruelty—Parties indulged in misbehaviour, harassment ... and causing marpeet—Still lived together thereafter meaning thereby that they condoned previous act—Evidence revealing that respondent ... ... (xiii) Unilateral decision of either husband or wife after marriage not to have child from the #HL_S....
1984 0 Supreme(Ker) 352 • India - Kerala
P.C.BALAKRISHNA MENON
The court considered the mental and intellectual capacity of the respondent at the time of marriage and her ability to give consent ... Indian Divorce Act - Declaration of Nullity of Marriage - S.18 - S.19 - The court examined the grounds for nullity of marriage ... of marriage on grounds of impotence and lunacy or idiocy of the respondent. ... B1 contains also the postscript of the respondent requesting her mother....
2000 0 Supreme(P&H) 1274 • India - Punjab and Haryana
D.SREEDEVI
Final Decision: The court granted a decree of divorce to the petitioner, dissolving the marriage with the respondent. ... Finding of the Court: The court found that the respondent's misrepresentations regarding his employment did not amount ... Ratio Decidendi: The court determined that while the respondent's misrepresentations did not amount to fraud, his conduct ... The petitioner would allege that because of the abnormal behaviour of the respondent the marriage could not be con....
1985 0 Supreme(SC) 207 • India - Supreme Court
O.CHHINNAPPA REDDY, R.B.MISRA
and nullity or marriage held far from uniform – complete reform of law or marriage suggested with introduction of irretrievable ... DIVERGENCE IN LAW REELATING TO JUDICIAL SEPARATION, DIVORCE, NULLITY OF MARRIAGE - The Law relating to judicial separation, divorce ... break down of marriage and mutual consent as grounds of divorce in all cases ... ... Section 25 declares that a marriage shall be voidable and may be annulled by a decree of nullity if,....
• India - Current Civil Cases
MRIDULA BHATKAR
For example, a one night consensual affair cannot be called a marriage. ... marriage, marriage of convenience, marriage of conscience, morganatic marriage, putative marriage, scotch marriage, etc,. ... For example, a clandestine marriage, consensual marriage, cross marriage, green card marriage, a runaway marriage, limited purpose ... Thus, it can be considered ....
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