Case Analysis: Babui Panmato Kuer v. Ram Agya Singh (1968) | Fraudulent Marriage under Hindu Law

This case analysis pertains to Section 28 of the Hindu Marriage Act, 1955, concerning a plaintiff whose petition for marriage dissolution was dismissed by the Additional District Judge of Saran.

Case Title: Babui Panmato Kuer v. Ram Agya Singh
Court: Patna High Court
Citation: AIR 1968 Patna 190
Judge:  Justice G.N. Prasad
Judgment on: 18 February, 1967

Facts

In this case, a girl named Babui Panmato Kuer filed a petition for the dissolution of her marriage on the grounds of fraud. The girl's marriage was fixed by her father, who stated that the man with whom the girl was supposed to marry was 25 to 30 years of age, and financially sound. It is relevant to note that the girl's consent was implied as the conversation about marriage was never directed towards her specifically. Also, the girl was not allowed to see the groom’s face during the marriage due to customary rules.

Later, it was revealed to her that the man to whom she had married was 60 years old. Upon learning this, the girl wished to leave the respondent's home but she was beaten and thrashed upon trying to do so. The girl somehow escaped and went to her father, where she was scolded for doing so. The girl then went to her uncle's house to seek refuge. Later, the girl filed a petition for lawful dissolution of marriage on the grounds of fraud and misrepresentation.

Issues

• Whether the petitioner was entitled to dissolution of marriage?
• Whether the fraud was done by the petitioner's husband or by her father?
• Whether the case falls under the ambit of Section 12(1)(c) of the Hindu Marriage Act of 1955?

Laws Applied

• Section 12(1) (c) of the Hindu Marriage Act of 1955
• Section 28 of the Hindu Marriage Act, 1955 
• Section 17 of the Indian Contract Act of 1872
• Section 498 of IPC

Contention of Parties

Petitioner's Argument

The petitioner claimed that the marriage was initiated on the grounds of fraud and misrepresentation by her father regarding the real age of the groom, which was initially represented as being between 25 and 30 years of age. However, it was later revealed that the real age of the groom was 60 years. The petitioner further claimed that upon trying to leave the house, she was confined to a room and beaten by the respondent, which should trigger Section 498 of the IPC.

Respondent's Argument

All the allegations made by the petitioner regarding the respondent being violent with her and confining her to a room were denied in a written statement by the respondent. Furthermore, the respondent also stated that it was the petitioner’s father who committed fraud and misrepresentation regarding the petitioner’s true age

Judgment

At first, an Additional District Judge dismissed the petition for the dissolution of the marriage due to misrepresentation under section 12(1)(c) of the Hindu Marriage Act that occurred during the solemnization of the marriage and not before or after negotiations. Later, the High Court stated that the petitioner’s father obtained the consent for marriage under fraudulent circumstances, considering Section 17 of the Indian Contract Act. The court stated that every father must disclose the facts related to his child’s marriage. Considering the sections above, the Honourable High Court set aside the order of the Additional District Judge and annulled the marriage.

Conclusion

Age fraud/misrepresentation in marriage refers to someone lying about their age to get married, which usually is done to avoid legal age limits. As we saw in this case, the petitioner was lied to about the groom’s age being somewhere around 25 to 30 years; however, in reality, the groom’s age was 60 years. Such an act is classified as fraud which is dealt with under Section 17 of the Indian Contract Act. Moreover, other laws were also applied in the case for a well-educated judgment by the court of law. Taking Section 12 of the Hindu Marriage Act into account, along with Section 498 of IPC to deal with violence and wrongful confinement of a married woman, we can state that the judgment to dissolve such a marriage was right, as marriage was based on fraud and misrepresentation.