Can I file annulment if woman's age was falsely concealed?
In the biodata, the girl’s year of birth was shown as 1995, but in her Aadhaar card it is 1994. They lied about her age and emotionally pressured me by saying that her parents would die if the marriage did not happen. In this situation, can I file an annulment case?
Dear Client, A decree of annulment can be sought under Section 12(1)(c) of the Hindu Marriage Act, 1955 if consent to marriage was obtained by fraud or coercion. Courts consider age misrepresentation to be significant evidence only when it impacts the fundamental basis of approval. A one-year discrepancy (1995 vs 1994) may not by itself constitute actionable fraud unless it is shown that consent was induced by deliberate deception affecting the decision to marry. Proving emotional pressure exists as evidence of coercion. The petition must be filed within one year of discovering the fraud under Section 12(2).
If the biodata showed 1995 but the Aadhaar shows 1994, a 1-year difference alone usually does not make the marriage automatically void. However, if the marriage happened through fraud or emotional pressure, you may try to file an annulment petition under Section 12, Hindu Marriage Act, 1955, subject to proof. For further legal assistance contact us on our helpline number.
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