Case – Asha Qureshi v. Afaq Qureshi, 2002
Fact – This appeal is under S. 29 of the Special Marriage Act (“Act”), 1954, and is directed against the judgment and decree dated 14.10.1996, Additional District judge, Jabalpur, declaring the marriage between the parties as null and void, by a decree of nullity.
Facts not in dispute are that the parties were married on 23.1.1990 at Jabalpur, in accordance with the ‘Act.’ They lived as husband and wife for a period of about one year. Subsequently, the relations between the parties became strained and they started living separately. The respondent filed a petition under Ss. 34 and 25 of the ‘Act,’ seeking a decree of nullity and of declaration of their marriage as null and void.
It was averred by the respondent/husband that the fact of her marriage with Motilal Vishwakarma was suppressed by the appellant/wife, and that the respondent/husband agreed to marry her believing that she was a virgin. It was averred by the respondent/husband that the appellant/wife by suppressing from him the aforesaid fact has exercised fraud on him.
The appellant/wife denied the allegations as above. It was denied by her that she suppressed any material fact or exercised fraud.
Issue – Whether the appellant/wife suppressed the fact that she was a widow and married the respondent/husband by practicing fraud?
Whether consent of the respondent was obtained by fraud as defined in the Indian Contract Act, 1872?
Contentions and Judgement :
- It may also be noticed that the appellant Smt. Asha Qureshi has earlier stated that the respondent came to know from her neighbours that she was a widow and then making an improvement has later stated that she herself informed the respondent about the above fact. As noticed above, the later statement of the appellant is not supported by her pleadings and does not appear to be reliable.
- As noticed earlier, the pleadings in the above regard of the appellant/wife are vague. No particulars of date, time and period when the disclosure was allegedly made by her, have been mentioned in the written statement. In fact, there is no specific pleading that she herself intimated the respondent about her earlier marriage.
- It also appears from the facts and circumstances of the case that it was the obligation and duty of the appellant to have intimated and apprised the respondent about her earlier marriage. It is, therefore, clear that suppression and active concealment of the fact of her earlier marriage and she being a widow would amount to material misrepresentation.
- In view of the above, the appellant is entitled to a decree of nullity under S. 25(iii) of the ‘Act’ as has been prayed by him. The impugned decree granted as above, by the trial Court is, therefore, justified.
