Hindu Marriage Act, 1955, Section 12, 13 -- Annulment of marriage - Fraud as to age of wife and mental illness of wife - Withdrawal of petition - Parties resided thereafter as husband and wife for some time - Second divorce petition on similar grounds taken earlier - By compromise of earlier petition, husband condoned acts of cruelty of wife, if at all those were existing..........
Hindu Marriage Act, 1955, Section 13, 12(1)(c) -- Divorce - Fraud by husband - Consent of wife for the purpose of marriage was obtained by fraud, considering husband as qualified doctor - Evidence on record shows that husband was not having any qualification beyond intermediate - Name of husband in Ration card described as `Dr' - Even in matrimonial advertisement in..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - S.12(1)(c) of HMA is attracted only if the consent of one spouse in obtained by the other through force or by playing fraud...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Suppression of information by a spouse as to his suffering from a disease - Held, suppression and failure to inform a particular fact cannot be treated as fraud, unless the person failing to mention it was under a legal obligation to state it...........
Hindu Marriage Act, 1955, Section 12(1)(c), 2 -- Annulment of marriage - Maintainability of petition - Even if the consent of the spouse is obtained by fraud, petition for annulment of marriage is not maintainable if the said spouse lived with the other after having such knowledge...........
Hindu Marriage Act, 1955, Section 12(c) -- Annulment of marriage - Wife alleges that her consent was obtained by fraud at the time of marriage and husband had concealed from her that he was a Christian - Wife stated nowhere in petition that she came to know just before filing of petition that her husband was Christian - She stated in her petition that her parents were..........
Indian Penal Code, 1860, Section 494 -- Second marriage - Ex parte divorce decree obtained by fraud - A decree obtained by fraud is not a decree in the eyes of law - Ex parte divorce decree obtained by fraud set aside - Held, the argument of non existence of first marriage on the date of second marriage cannot be accepted...........
Hindu Marriage Act, 1955, Section 12(2) -- Annulment of marriage - Fraud as to date of birth of wife - Husband positively knew correct date of birth of wife as recorded in her passport at the time of marriage and thereafter cohabited with her for a period of more than one year - Petition filed after one year of discovery of fraud is not maintainable...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Petition by husband - Consent alleged to be obtained by fraud - Wife alleged to be suffering from lack of movement of hip joint as a result of which she cannot sit on her legs, she cannot work while sitting and cannot stand up from the siting position and cannot perform day to day work - Considering the..........
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13(b)(1) -- Divorce - Obtained by husband by playing fraud on wife and Court - Court which granted decree set aside the decree in exercise of power u/s 151 CPC - Validity of order - Courts have unlimited and unrestricted powers u/s 151 CPC to make such orders as may be necessary to meet the ends of..........
