Whether Conviction U/S 498A IPC is Sustainable When Marriage Is Found To Be Null & Void?

 Mr. S.Nagamuthu, learned senior counsel for the appellants submits that the marriage between the parties has been held to be null and void by the judgment of the High Court of Madras, Madurai Bench by order dated 25.02.2021. He therefore submits that in view of the judgment of this Court in the case of Shivcharan Lal Verma v. State of Madhya Pradesh reported in (2007) 15 SCC 369, the conviction under Section 498-A IPC would not be sustainable. {Para 5}

7. Undisputedly, the marriage between the appellant No.1 and PW-1 has been found to be null and void. As such the conviction under Section 498-A IPC would not be sustainable in view of the judgment of this Court in the case Shivcharan Lal Verma's case supra. 

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1404-1405 of 2012 and Criminal Appeal Nos. 1408-1409 of 2012

Date of Order: 09.02.2023

P. Sivakumar and Ors. Vs. State rep. by the Deputy Superintendent of Police and Ors.

Hon'ble Judges/Coram:

B.R. Gavai and Vikram Nath, JJ.

Citation:  MANU/SCOR/28852/2023.

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Whether Lok Adalat has jurisdiction to declare Marriage as null and void?

Members of the Lok Adalat have been cautioned not to conduct Adalats like courts by hearing parties and imposing their views as to what is just and equitable and then to proceed passing orders on merits. Settlement on consent of the parties cannot override statutory interdictions in passing of an award by the Lok Adalats on such compromise. Exclusive jurisdiction in the matter of matrimonial disputes of spouses is conferred on the Family Courts established under the Family Courts Act and the resolution of such dispute is covered by the procedural safeguards mandating conciliation before adjudication and then also strict compliance of personal laws applicable to the parties in rendering a decision. A Family Court on a joint settlement of the parties alone, without examining the existence of one or grounds mandated by the statute under the personal law applicable to the parties and being satisfied of such ground, cannot declare the marriage of the parties as null and void. So much so, the declaration of the marriage as null and void by the Lok Adatat on the basis of the joint statement of the parties, that alone on a reference from a proceeding, that too relating to a petition for transfer cannot be accepted as it is contrary to law and beyond the power and jurisdiction of the Lok Adalat.

IN THE HIGH COURT OF KERALA

Tr. P.C. No. 236 of 2009

Decided On: 18.12.2009

Appellants: Siji Antony
Vs.
Respondent: Saji John

Hon'ble Judges/Coram:
S.S. Satheesachandran, J.

Citation: II(2010)DMC372, 2010(1)KLT387

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Whether Suppression of material fact will be sufficient to declare Marriage as null and void?

Fraud must mean representing as existing what is not and concealing what is material. The misrepresentation or  concealment necessarily presupposes that the respondent was aware of the facts and circumstances which were misrepresented or concealed.Every fact and circumstance cannot be materials. Therefore,concealment of misrepresentation of every fact and circumstances cannot be said to be fraud sufficient for annulment. It is difficult to define with any certainty what can be said to be material fact or circumstance but it may be safely said that the fact or circumstance which is of such nature as would materially interfere with the marital life and pleasure including sexual pleasure will be a material fact or circumstance. The only limitation is that the material fact, or circumstance must be concerning the respondent, meaning thereby that it must be in respect of the person or character of the respondent. It is immaterial whether such fact or circumstance is curable or remediable. If a party to a marriage is suffering from some abhorrent disease such as leprosy or venereal disease and this is not disclosed it will be definitely concealment and consequently fraud as to material fact and circumstance. Similar would be the case with suppression of the fact of immoral life prior to the marriage. Without going into the detail or definition as to what may or may not constitute material fact or circumstance..If can be said that existence of a condition in the respondent which materially interferes with the sexual intercourse or its pleasure of which makes its indulgence in a normal way difficult or is such as is likely to cause dislike or abhorrence in the mind of the other spouse to have sexual fact or circumstance even though it may or may not amount to impotency. In the present case as I have already held the sexual intercourse was not possible without manipulation of the protruding uterus by hand, which obviously is likely to cause dislike abhorrence or disgust to a newly wed husband; concealment of such a fact will be fraud as to material fact of circumstance concerning the respondent as new contemplated by Section 12(1)(c), In the circumstance, the marriage solemnised between the petitioner and the respondent is avoidable and is liable is be annulled.

Bombay High Court

P. vs K. on 15 July, 1981

Equivalent citations: AIR 1982 Bom 400, 1982 (1) BomCR 454

Bench: Mody

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