Case Note & Summary
The appellant-husband, a Parsi by religion, married the respondent-wife on 15th April 1999 according to Hindu vedic rites. They had a son on 4th August 2001. The appellant filed a petition under Section 11 of the Hindu Marriage Act, 1955 seeking a decree of nullity of marriage on the ground that the respondent was a Hindu and had fraudulently concealed her religion, thereby obtaining his consent by fraud. The Family Court dismissed the petition. The appellant appealed to the High Court. The High Court held that the concealment of religion by the respondent amounted to fraud, which vitiated the appellant's consent. The marriage was solemnized under Hindu rites, but the appellant was a Parsi and would not have consented had he known the respondent's true religion. The court allowed the appeal, set aside the Family Court's judgment, and granted a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955.
Headnote
A) Hindu Marriage Act - Nullity of Marriage - Section 11 - Fraudulent Concealment of Religion - Marriage between a Parsi and a Hindu solemnized under Hindu rites - Appellant-husband, a Parsi, married respondent-wife, a Hindu, who concealed her religion - Held that such concealment amounts to fraud vitiating consent, making the marriage voidable under Section 11 of the Hindu Marriage Act, 1955 (Paras 1-13).
Issue of Consideration
Whether the marriage between a Parsi and a Hindu, solemnized under Hindu rites, is voidable under Section 11 of the Hindu Marriage Act, 1955 on the ground that the respondent-wife fraudulently concealed her religion and the appellant-husband's consent was obtained by fraud.
Final Decision
Appeal allowed. Judgment and decree dated 24th February, 2014 passed by Family Court No. 6, Mumbai is set aside. Petition No. A-845 of 2011 is allowed. Marriage between appellant and respondent is declared null and void under Section 11 of Hindu Marriage Act, 1955.
Law Points
- Section 11 of Hindu Marriage Act
- 1955
- nullity of marriage
- fraud
- concealment of religion
- consent
- voidable marriage
Case Details
2014 LawText (BOM) (10) 78
Family Court Appeal No. 139 of 2014 in Petition No. A-845 of 2011
Smt. V.K. Tahilramani, Shri. A.R. Joshi
Mr. G.K. Vora i/b Lakshmi Girish Vora Advocate for Appellant, None for Respondent
Mr. Viraf Phiroz Bharucha
Mrs. Manoshi Viraf Bharucha
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Nature of Litigation
Appeal against dismissal of petition for nullity of marriage under Section 11 of Hindu Marriage Act, 1955.
Remedy Sought
Appellant-husband sought decree of nullity of marriage on ground of fraud.
Filing Reason
Respondent-wife concealed her Hindu religion, obtaining appellant's consent by fraud.
Previous Decisions
Family Court No. 6, Mumbai dismissed Petition No. A-845 of 2011 on 24th February, 2014.
Issues
Whether concealment of religion by one spouse amounts to fraud under Section 11 of Hindu Marriage Act, 1955, rendering the marriage voidable.
Submissions/Arguments
Appellant argued that respondent fraudulently concealed her Hindu religion, and he, being a Parsi, would not have married her had he known the truth.
Ratio Decidendi
Concealment of religion by one spouse at the time of marriage amounts to fraud, which vitiates the consent of the other spouse, making the marriage voidable under Section 11 of the Hindu Marriage Act, 1955.
Judgment Excerpts
The appellant-husband has preferred this appeal against the judgment and decree dated 24th February, 2014 passed by the learned Judge of the Family Court No. 6, Mumbai.
The case of the appellant is that he and the respondent got married on 15th April, 1999 at Mumbai according to Hindu vedic rites.
It is the case of the appellant that he was a 'Parsi' by religion at the time of the marriage and continues to profess his faith in the said religion.
Procedural History
Appellant filed Petition No. A-845 of 2011 under Section 11 of Hindu Marriage Act, 1955 in Family Court No. 6, Mumbai seeking nullity of marriage. Family Court dismissed petition on 24th February, 2014. Appellant filed Family Court Appeal No. 139 of 2014 in Bombay High Court. High Court reserved judgment on 30th September, 2014 and pronounced on 13th October, 2014.
Acts & Sections
- Hindu Marriage Act, 1955: Section 11
