Marriage is a sacred bond in India, celebrated with rituals and traditions. Unfortunately, not all marriages are based on trust and honesty. Cases of marriage by fraud—where one party is deceived into the relationship—have become a significant concern in Indian society. This blog explores what constitutes marriage by fraud, its implications, and the legal remedies available in India.

What Is Marriage by Fraud?

Marriage by fraud involves deceitful acts or concealment of crucial facts to induce someone into a marital relationship. Fraudulent marriages can occur in various ways, such as:

1. Suppression of registration of earlier marriage: Hiding the fact that one is already married.
2. Fabricating Identity: Misrepresenting religion, caste, or social status to gain consent.
3. Financial Deception: Marrying with the sole intent of exploiting the spouse’s wealth.
4. Suppress of fact related to Health and Character Misrepresentation: Falsely portraying good health or moral character while hiding serious medical conditions, criminal records, or addictions.
5. Immigration Fraud: Marrying solely to secure a visa or citizenship in another country.

Legal Remedies Under Indian Law

1. Annulment of Marriage

Section 12 of the Hindu Marriage Act, 1955, allows a party to seek annulment if the marriage was solemnized through fraud. Similar provisions exist in the Special Marriage Act, 1954, and other personal laws.

Key Points:

• The petition must be filed within one year of discovering the fraud.
• The court will declare the marriage voidable if fraud is proven.

2. Filing a Criminal Complaint

Fraudulent acts leading to marriage are criminal offenses under Indian Penal Code (IPC).

Relevant Sections of IPC:

• Section 415 and 420 (Cheating and Dishonestly Inducing Delivery of Property): If the fraud involves financial exploitation.
• Section 493 (Cohabitation by Deceit): For falsely inducing a person to believe they are married.
• Section 496 (Marriage Under False Pretenses): Punishable for fraudulent or bigamous marriage.

3. Domestic Violence Act, 2005

If fraud results in emotional, mental, or physical abuse, the aggrieved spouse can seek relief under the Protection of Women from Domestic Violence Act, 2005. This includes compensation and protection orders.

4. Maintenance and Alimony

Victims of fraudulent marriages can claim maintenance under:

• Section 125 of the CrPC (Code of Criminal Procedure)
• Personal laws like the Hindu Adoption and Maintenance Act, 1956

5. Civil Remedies

If the fraud involves monetary loss, the victim can file a civil suit to recover damages.

Steps to Safeguard Against Marriage by Fraud

1. Verify Background Information: Conduct due diligence on your potential partner’s personal, financial, and professional details.
2. Insist on Transparency: Discuss health, marital status, and financial commitments openly before marriage.
3. Engage Professional Help: Private investigators and matrimonial verification services can help.
4. Leverage Technology: Social media platforms and online records can reveal red flags.

What Should You Do If You Are a Victim?

1. Gather Evidence: Collect proof of fraudulent acts, including documents, messages, and witness statements.
2. File a Complaint: Approach the local police station and lodge an FIR under relevant IPC sections.
3. Consult a Lawyer: Seek legal advice to explore criminal, civil, and family law remedies.
4. Seek Support: Reach out to NGOs and support groups for emotional and legal assistance.

Conclusion

Marriage by fraud is a betrayal of trust and can have devastating consequences for the victim. Indian laws provide robust mechanisms to annul such marriages, punish offenders, and protect victims. If you or someone you know is facing such a situation, act promptly and seek legal recourse to ensure justice.

By raising awareness and encouraging transparency, we can reduce the incidence of fraudulent marriages and safeguard the sanctity of this cherished institution.

For detailed advice on legal remedies, consult a divorce lawyer