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Family Law

Misrepresentation of Marital History

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 25-Aug-2025

X v. Y

"The Delhi High Court distinguished between 'never married' and 'unmarried' status, emphasizing that material facts about marital history must be disclosed for informed matrimonial consent." 

Justices Anil Kshetarpal and Harish Vaidyanathan Shankar 

Source: Delhi High Court 

Why in News? 

The bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar in the case of X v. Y dismissed an appeal challenging the annulment of marriage, reaffirming that concealment of material facts like prior marriage and income misrepresentation constitutes fraud under the Hindu Marriage Act, 1955 (HMA).  It renders a subsequent marriage voidable under Section 12 of the HMA 

What was the Background of X v. Y (2025) Case? 

  • The marriage between the parties was arranged through the matrimonial portal where the appellant (husband) had created a profile. 
  • In the matrimonial profile, the appellant represented himself as "Never Married" and stated his annual income as "USD 200K and above". 
  • The respondent (wife) had specifically mentioned in her profile that she was searching for a match who was "never married". 
  • Based on this profile, the respondent responded to the appellant's advertisement and the parties got married. 
  • The respondent later discovered that the appellant had been previously married and had a child from that marriage. 
  • It was also found that the appellant's actual income was much lower than what was represented in the profile - his actual gross salary in 2014 was between 120k-130k USD. 
  • The respondent filed a complaint in the C.A.W. Cell, Prashant Vihar, Delhi on 27th January 2016, which led to the registration of FIR No. 0401/2016 dated 12th May 2016. 
  • The respondent subsequently filed a petition for annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955 on 21st August 2017. 
  • The Family Court, Rohini (North) District Courts allowed the petition and annulled the marriage vide judgment dated 19th January 2024. 
  • The husband appealed this decision, which was dismissed by the Delhi High Court. 

What were the Court's Observations? 

Distinction Between "Never Married" and "Unmarried": 

  • The Court made a crucial distinction between these terms, stating that "Never married" conveys a lifelong status, free from any prior marital tie, whereas "unmarried" could ambiguously include those who are divorced or widowed. 
  • The expression "Never Married" is a declaration that a person has never undergone a marriage and is substantially different from the term "unmarried". 
  • The Court rejected the appellant's attempt to interpret "never married" as merely meaning "not married at that point in time" when he married the respondent. 

Material Facts and Circumstances: 

  • The Court emphasized that pre-marital status of a party is a material fact which the other party must know before imparting consent for marriage. 
  • The Court clarified that the term "fraud" in Section 12(1)(c) of the Hindu Marriage Act does not speak of fraud in any general way and that not every misrepresentation or concealment would be fraudulent. 
  • The fraud must be material as to the nature of ceremony or to any material fact or circumstance concerning the respondent. 
  • The Court held that falsity about monthly income and property status is fraud within the meaning of Section 12 of HMA. 
  • The Court rejected the appellant's defense that the profile was created by his parents, stating that the appellant cannot seek to contend that he was unaware of the contents of the profile. 
  • The Court observed that online matrimonial portals have "Divorced" as an option for marital status, and there was no correction made to the profile at any time before marriage. 

What is Section 12 of HMA? 

About:  

  • Section 12 of HMA envisages provision for voidable marriage as: 
    • A voidable marriage is a valid marriage until it is avoided and it can only be done if one of the parties to the marriage files a petition for the same.  
    • However, in case, any of the parties do not file a petition for the annulment of the marriage, it will remain valid. 

Grounds:  

  • Clause (ii) of Section 5 of HMA if not complied with makes a marriage voidable. 
    • As per Section 5 - (ii) at the time of the marriage, neither party —  

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind;  

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or  

(c) has been subject to recurrent attacks of insanity. 

  • Section12 further mentions following grounds on which marriage can be declare as voidable: 
    • If the marriage has not been consummated because of impotency of the respondent. 
    • If either of the parties to the marriage is incapable of giving consent or has been subject to recurrent attacks of insanity. 
    • If the consent of the petitioner or the consent of the guardian of the petitioner has been obtained by force or fraud. 
    • If the respondent was pregnant before the marriage by some other person than the petitioner. 

Effect:

  • The parties have the status of a husband and a wife and their children are considered to be legitimate by virtue of Section 16 of HMA. All the other rights and obligations of the spouses remain intact.