Marrying with false promises amounts to fraud: Family court

  • Charul Shah, Hindustan Times, Mumbai
  • Updated: Jul 20, 2015 23:17 IST

Persuading a girl for marriage by painting a rosy picture amounts to fraud, a Mumbai family court held while annulling a marriage.

Noting that the husband had no property of his own and also lacked reputation, but made false claims and persuaded the woman to marry him, family court judge SA Morey held that this amounted to fraud on part of the man. Also as the woman’s consent was obtained based on false claims, the marriage was a nullity.

The woman had approached the family court, seeking annulment of her marriage alleging that her husband had made false representation about his financial status, family reputation and character.

According to her petition, both the husband and the wife worked in the same company and became friends. She alleged that the man influenced her with false claims. “He falsely stated that he belongs to good family and own house in Bhandup. He further claimed he did not consume alcohol and had no other vices,” it added.

He proposed marriage in January 2014 but she wanted to speak to her parents before making a decision. The woman alleged that a month later, the man started pressuring her for marriage and they were married in February 2014 without the consent of her parents.

The woman claimed during her month-long stay in her matrimonial home, she realised all claims made by her husband were false. She was shocked when she found her husband coming home late at home in a drunken state. She realised she was duped and came back to her parents in March 2014 and moved family court seeking annulment of the marriage.

The family court annulled the marriage on grounds of fraud saying that consent of the wife was obtained under undue influence. “The respondent exercised undue influence, by painting rosy pictures and talking sweet with petitioner had obtained her consent fraudulently; therefore there is positive assertion of the status of respondent's family, his property, which affects the consent of petitioner,” the court said.

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