RANCHI: In a closely watched ruling on the scope of consent in marriage, the Jharkhand High Court has affirmed that the non-disclosure of a prior live-in relationship can amount to fraud under Hindu matrimonial law, rendering a marriage voidable and justifying annulment, alongside a substantial award of permanent alimony.
A Marriage Challenged Years After Its Solemnisation
The case before the Jharkhand High Court arose from a marriage solemnised on December 2, 2015, according to Hindu rites. Soon after moving into her matrimonial home, the wife alleged that she was introduced to another woman as the husband’s “girlfriend.” She later claimed to have discovered that her husband had been in a live-in relationship with that woman prior to the marriage—a fact she said had been concealed from her and her family at the time of the alliance.
According to the wife, the concealment went to the root of her consent. She further alleged that after the marriage she was subjected to physical and mental cruelty, including demands for ₹15 lakh as additional dowry, and that she was eventually driven out of her matrimonial home in March 2016 without her stridhan. Since then, the parties have lived separately.
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The husband, disputing these allegations, contended that accusations of infidelity and addiction amounted to cruelty against him. He maintained that the marriage had irretrievably broken down and described it as a “dead wood” relationship, incapable of revival.
Interpreting ‘Fraud’ Under the Hindu Marriage Act
At the heart of the dispute was Section 12(1)(c) of the Hindu Marriage Act, 1955, which permits annulment where consent to marriage is obtained by fraud. The High Court clarified that the concept of fraud in matrimonial law stands apart from the definition under the Contract Act.
In its reasoning, the Bench observed that Hindu marriage is a sacrament rather than a commercial contract, and therefore concepts from contract law cannot be imported “lock, stock and barrel.” Even so, the Court held that suppression of a prior live-in relationship constituted fraud relating to a material fact. The non-disclosure, the judges said, directly affected the wife’s and her guardian’s consent to the marriage.
The Court noted that the prior relationship had not been disclosed before the marriage, allowing an inference that consent had been obtained by practising fraud within the meaning of Section 12(1)(c).
A ‘Dead Wood’ Marriage and the Question of Annulment
Affirming the decree of annulment granted earlier by the Family Court at Garhwa, the High Court took note of the prolonged separation between the parties. They had been living apart since 2016, a fact the Bench said rendered the relationship lifeless and devoid of emotional value.
“No purpose will be served in sailing the dead wood,” the Court observed, underscoring its view that continuation of the marital tie served neither party. The husband had challenged the annulment on procedural grounds, alleging lack of proper service of summons and questioning the ex parte nature of the decree. The Court, however, found no reason to interfere with the annulment itself.
The matter was heard by a Division Bench comprising Justice Sujit Narayan Prasad and Justice Gautam Kumar Choudhary, who were dealing with cross-appeals from both sides.
Permanent Alimony and Financial Circumstances
Beyond annulment, the case also turned on the issue of permanent alimony under Section 25 of the Act. The husband was found to be employed as a Manager (Instrumentation) at Hindustan Zinc Ltd., earning approximately ₹1.56 lakh per month, with additional assets taken into account by the Court.
While the wife holds an LL.B. degree and stated that she was currently unemployed, the High Court considered her financial position alongside the length of the marriage, the circumstances leading to its breakdown, and the prolonged separation. Concluding that the earlier assessment required enhancement, the Bench fixed permanent alimony at ₹50 lakh as a one-time settlement.
