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[Voidable Marriage] Court Rules 'Material Fact' Under Section 12 of HMA Includes Any Fact That, If Disclosed, Would Lead to Non-Consent to Marriage: Allahabad High Court

19 Sep 2024 3 min read
[Voidable Marriage] Court Rules 'Material Fact' Under Section 12 of HMA Includes Any Fact That, If Disclosed, Would Lead to Non-Consent to Marriage: Allahabad High Court

In a significant decision, the Lucknow bench of the Allahabad High Court highlighted the interpretation of Section 12 of the Hindu Marriage Act, 1955 in the context of voidable marriages. The judgment elucidated what constitutes a “material fact” under this provision, especially when one party conceals prior marital status, thus affecting the other party's consent to the marriage. Detailed Case Background The case involved the husband and the wife, who…

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