Karnataka High Court Declares Marriage Void Over Age Misrepresentation
The Karnataka High Court has ruled a marriage null and void, stating that the wife misrepresented her real age and concealed her health condition from her husband at the time of marriage.
Husband Challenges Family Court Order
A division bench of Justice Alok Aradhe and Justice Vijaykumar Patil passed the order after reviewing a petition filed by the husband, who challenged a family court decision that had rejected his plea to annul the marriage under Section 18 of the Indian Divorce Act.
The family court had earlier ruled that the husband failed to provide enough proof to declare the marriage void. However, the High Court overturned the decision after examining new evidence.
Details of the Case
- The couple, both Indian Christians, got married in 2014 in Bhadravathi, Karnataka.
- The wife’s family claimed she was 36 years old at the time of marriage.
- Later, the husband discovered that she was actually 41 years old and had been suffering from a long-term health condition.
- He alleged that his consent was obtained through fraud and misrepresentation.
- As a result, the marriage was never consummated.
Court’s Verdict
The High Court found that the wife admitted during cross-examination that she was 41 years old when the marriage proposal was made, contradicting the false claim of 36 years.
The Court stated:
“When there is a clear admission by the wife that her real age was concealed at the time of the marriage proposal, we have no reason to disbelieve the husband’s claims.”
The bench ruled that the family court had erred in evaluating the evidence, leading to an incorrect decision.
Final Decision
Based on the fraudulent misrepresentation, the High Court nullified the marriage and ruled in favor of the husband.
This case highlights the legal consequences of deception in marriage and reaffirms the importance of transparency in marital consent.
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