The Karnataka High Court has declared a marriage null and void, ruling that the woman misrepresented and concealed her real age from her husband at the time of their marriage. The judgment was passed by a division bench of Justice Alok Aradhe and Justice Vijaykumar Patil, allowing the husband’s appeal to overturn a family court’s decision.
The husband had initially filed a petition under Section 18 of the Indian Divorce Act, claiming that his consent for the marriage was obtained through fraud. The family court had rejected his plea, stating that the husband had failed to prove his case. However, the High Court found that the wife had admitted to misleading her husband about her age.
The couple, both Indian Christians, got married in 2014 after a proposal arranged by the woman’s mother and brother, who told the man that the woman was 36 years old. The husband later discovered that she was actually 41 years old at the time of the marriage, and had been suffering from an incurable illness.
The court ruled that the woman and her family had concealed important facts about her age and health, and that the husband’s consent for the marriage was obtained by misrepresentation. Since the marriage remained unconsummated, the court declared it void.
The court noted in its ruling, “The wife admitted in her cross-examination that she was 41 at the time of marriage but disclosed her age as 36. We find no reason to doubt the husband’s claim.” The court concluded that the family court had erred in its judgment, leading to an incorrect conclusion.
The High Court, therefore, allowed the husband’s appeal and declared the marriage null and void.
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