Marriage -- Voidable Marriage --Non-Disclosure of Prior Live-In Relationship Constitutes Fraud Under Section 12(1)(c) Hindu Marriage Act
Concealment of a prior live-in relationship before marriage constitutes fraud as to a material fact under Section 12(1)(c) of the Hindu Marriage Act, 1955, rendering the marriage voidable. Fraud in matrimonial law has a distinct standing and is not to be interpreted in accordance with Section 17 of the Indian Contract Act, 1872. The Hindu Marriage Act and the Contract Act are not pari materia, and the definition of fraud under the Contract Act cannot be imported wholesale into the domain of marriage, which is a sacrament.
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