Author Name: Shameerpet Manasa
Institution: Mahindra University
Introduction
A court ruling that a marriage did not occur is referred to as the nullity of marriage. It pertains to the legality of marriage and signifies that the parties did not have a legally recognized union. The law of nullity is closely associated with premarital obstacles that affect the capacity to marry. If such obstacles are not removed, the parties are considered legally incapable of marriage, and any marriage entered into despite them may be declared unlawful.
When a marriage is declared null and void, it holds no legal standing in a court of law. Since marriage is regarded as a sacred union in almost all religions, annulling such a revered bond is a sensitive and complex matter.
Nullity of Marriage Under Muslim Law
Unlike Hinduism, which sees marriage as an indissoluble sacrament, Islam treats marriage as a dissolvable civil contract. Under Muslim personal law, marriage requires the legal consent of both parties and the settlement of Mehar (dower). Therefore, both Sunni and Shia sects recognize and permit divorce.
According to personal laws and the Dissolution of Muslim Marriages Act, 1939, a marriage is considered void if it lacks the valid consent of either of the parties or their guardians. Some specific grounds for nullity under Muslim law include:
A Muslim woman marrying a non-Muslim man—such a union has no religious standing.
It is prohibited for a Muslim man to marry a non-Muslim woman.
Marriage among close blood relatives (Maharim).
Marriage to someone who does not follow or has renounced Islam.
Under Sunni law, any short-term or conditional marriage is void.
Marriage to a woman during her Iddat period.
Marriage that violates fundamental Islamic legal principles.
Procedure for Getting a Decree of Nullity
Across most personal laws, the procedure to obtain a decree of nullity remains similar:
A petition is filed in court seeking annulment of the marriage.
Jurisdiction is typically based on the location of the marriage or the last place of cohabitation of the parties.
A notice is sent to the respondent to appear in court.
Based on evidence and hearing, the court may grant relief.
Under Parsi law, such cases are handled by a court established under a specific Act.
For Hindus and interfaith couples, the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 apply and are dealt with by the Family Court or City Civil Court.
Under Islamic law, such matters are generally resolved through religious rites rather than civil courts.
Appellant: Asha Qureshi
Respondent: Afaq Qureshi
Bench: Justice V.K. Agarwal
Facts
The appellant and respondent were married on January 23, 1990, in Jabalpur, under the applicable Act. They lived together as husband and wife for approximately one year. Following marital discord, they began living separately.
The respondent/husband filed a petition seeking a decree of nullity under Sections 24 and 25 of the Act, alleging that after the marriage, he learned that the appellant/wife had previously been married to a man named Motilal Vishwakarma, who had died before her second marriage.
The respondent alleged that the appellant had concealed this information, misled him into believing she had never been married before, and claimed he would not have married her had he known the truth. This concealment, he argued, amounted to fraud.
Issues
Did the appellant/wife conceal the fact that she was a widow and had previously been married?
Does Section 17 of the Indian Contract Act, 1872, classify such concealment as fraud?
Was the respondent/husband’s consent to marriage obtained through deceit?
Does Section 25 of the Special Marriage Act entitle the respondent to a decree declaring the marriage null and void?
Judgment
It was established that the appellant was indeed a widow at the time of marriage, and she failed to disclose this material fact to the respondent. The court emphasized that fraud can occur even in the absence of verbal misrepresentation, as stated in Section 17(4) of the Indian Contract Act, 1872.
The court held that the intentional suppression of her previous marriage and widowhood constituted a serious act of deception. The respondent’s consent was obtained fraudulently, which is sufficient to declare the marriage null and void under Section 25(iii) of the Special Marriage Act.
Therefore, the court upheld the decree of nullity as issued by the Trial Court.
Ratio Decidendi
On Issue 1:
The appellant never clearly stated in her defense that she had disclosed her prior marital status. Her claim that the respondent was informed of her widowhood by neighbors was vague and unsubstantiated, making her version unreliable.
On Issues 2 and 3:
The appellant was a widow and had been previously married. The respondent was unaware of this fact. Had he known, he would not have consented to the marriage. Thus, the consent was obtained by fraud, violating Section 17 of the Indian Contract Act, 1872.
Fraud, as defined under this section, does not require a spoken lie—a knowing misrepresentation or concealment of facts suffices.
On Issue 4:
Under Section 25 of the Special Marriage Act, a marriage can be annulled if:
One party was pregnant by another person at the time of marriage.
The marriage was not consummated due to refusal.
Consent was obtained through fraud or coercion.
The court emphasized that the respondent was unaware of the appellant’s previous marriage at the time of their union, and he filed the petition within a year of learning the truth, thus satisfying the legal requirements.
Social Exclusion faced by Indian Muslims: Manifestation of Majoritarianism
Conclusion
Reasons Behind the Selection of the Case
Why have you chosen this judgment for analysis?
I chose the case Asha Qureshi v. Afaq Qureshi because it highlights how concealing important facts before marriage amounts to fraud. In many rural areas of India, people are unaware that fraudulent grounds can be valid for seeking divorce or annulment. Understanding this case helped me comprehend how courts interpret fraud in marriage and what grounds are necessary for nullity.
Relevance of the Judgment in Contemporary Times
Since this judgment, many similar cases have been resolved, and it has become easier to seek the nullity of marriage on the grounds of fraud. It empowers individuals to leave deceitful and burdensome marriages while also respecting religious and social values.
In India, marriage is both a religious sacrament and a social contract. Therefore, truth, free will, and legality must be upheld. A nullity of marriage ruling ensures that forced or fraudulent unions do not gain legal recognition. Such legal provisions are vital for protecting personal rights and promoting justice across all communities.
Bibliography
vakilsearch.com/blog/nullity-of-marriage-in-India/
https://www.bing.com/ck/a?!&&p=2d17b97066c6daa0122dd5a828832da459062de67b1e7bd51bb63b3984a2a812JmltdHM9MTczMTYyODgwMA&ptn=3&ver=2&hsh=4&fclid=378e38d1-02f9-655e-3f31-2a2e03ab64e6&psq=asha+qureshi+v.+afaq+qureshi+air+2002+mp+263&u=a1aHR0cHM6Ly9pbmRpYW5rYW5vb24ub3JnL2RvYy85MzM1OTYv&ntb=1
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