The Karnataka High Court recently declared a marriage null and void, ruling that the woman misrepresented and concealed her real age at the time of the marriage.
A division bench of Justice Alok Aradhe and Justice Vijaykumar Patil allowed the husband’s petition, challenging the family court’s decision that had rejected his request under Section 18 of the Indian Divorce Act. The family court had initially held that the husband failed to prove the grounds for declaring the marriage void.
In this case, both parties are Indian Christians who married in 2014 in Bhadravathi. The proposal was arranged by the woman’s mother and brother, who claimed she was 36 years old at the time. Based on this information, the man and his family agreed to the marriage in good faith.
The husband later discovered that the woman was actually 41 years old at the time of marriage and had been suffering from an incurable disease. He argued that his consent was obtained through fraud and misrepresentation, and the marriage remained unconsummated.
The husband’s counsel contended that the wife’s actions amounted to fraud and misrepresentation, as they concealed crucial facts about her age and health. This, he argued, was sufficient grounds to declare the marriage null and void.
The court noted, “The respondent wife admitted in her cross-examination that she was 41 years old at the time of the marriage proposal but disclosed her age as 36 years. We see no reason to disbelieve the husband’s claim.”
The court further added, “The Family Court erred in appreciating the pleadings and evidence on record, resulting in an incorrect finding.”
Consequently, the High Court allowed the husband’s appeal and declared the marriage null and void.
Case No: MISCELLANEOUS FIRST APPEAL NO.5183 OF 2016
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