Asha Qureshi v Afroj Qureshi → Fraud—Case Summary

Fact:

In this case, the parties lived as a husband and wife for a period of about one year. The respondent filed a petition under section 34 and 25 of the Special Marriage Act, 1954, seeking a decree of nullity and declaration of their marriage as null and void.
It was averred by the husband that after the marriage between the parties the husband came to know that the wife was already married to one Motilal Vishwakarma who had died prior to marriage of the parties. It was further averred by the husband that the fact of her marriage (previous) was suppressed by the appellant wife and the husband agreed to marry her believing that she was a virgin.
It was averred by the respondent that wife by suppressing the fact has exercised fraud on him.

Issue:

Whether the wife suppressed the material fact i.e. her earlier marriage with Motilal Vishwakarma and whether the suppression as above amount to fraud?

Ratio & Judgement:

→ The appeal was dismissed and Court granted a decree of nullity under S.25(ii) of the Act.
→ Court held that it was the obligation and duty of wife to have intimated and apprised the husband about her earlier marriage and she failed to do so. The trial court held that wife suppressed that fact.
→ The husband has stated that had he already known that appellant was married from before he would not have entered into a wedlock with her. The suppression and active concealment of the fact of her earlier marriage & she being a widow amount to material misrepresentation.

Reference:-

https://indiankanoon.org/doc/933596/