The Karnataka High Court recently declared a couple’s marriage as null and void because the wife lied about her real age at the time of marriage.
A division bench of Justice Alok Aradhe and Justice Vijaykumar Patil allowed the husband’s appeal. He had challenged the earlier decision of a Family Court, which had dismissed his request to annul the marriage under Section 18 of the Indian Divorce Act.
The couple, both Indian Christians, got married in 2014 in Bhadravathi. The marriage proposal came through the wife’s mother and brother, who told the man and his family that the woman was 36 years old. Trusting this information, they agreed to the marriage.
However, the husband later discovered that the wife was actually 41 years old at the time of marriage and had been suffering from a long-term incurable illness. He alleged that this key information was hidden from him, and he would not have agreed to the marriage if he had known the truth.
Because of this deception, the marriage remained unconsummated. The husband’s lawyer argued that fraud and misrepresentation were involved, making the marriage legally invalid.
The Court noted that during cross-examination, the wife herself admitted she was 41 at the time of the marriage but told her husband she was 36. The Court said this clear admission supported the husband’s claims and showed that the consent for marriage was obtained through dishonest means.
The judges stated that the Family Court had failed to properly consider the evidence, which led to a wrong decision.
As a result, the High Court set aside the Family Court’s order and officially declared the marriage void.
Case No: Miscellaneous First Appeal No. 5183 of 2016
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