A fraudulent marriage refers to a marriage that has been obtained through deception, misrepresentation, or concealment of important facts by one party to the other. Such a marriage violates the principle of free and informed consent and may be declared voidable or even criminal, depending on the nature of the fraud.
In most cases, women are the primary victims of fraudulent marriages.
Legal Definition under Indian Law
There is no standalone law titled “Fraudulent Marriage,” but fraud as a ground for annulment is recognized under various personal laws, and criminal action can be taken under the Indian Penal Code.
Hindu Marriage Act, 1955 – Section 12(1)(c)
A marriage is voidable if the consent of one party was obtained by:
- Force, or
- Fraud as to the nature of the ceremony or material facts of the other party
Examples of Fraudulent Marriages
- Concealing previous marriage or divorce
- Hiding mental illness, impotence, or serious disease
- Misrepresenting identity, age, religion, or financial status
- Marriage for immigration/visa purposes (then abandonment)
- Marrying to gain access to dowry or property
- Faking love/marriage for sexual exploitation or blackmail
Legal Consequences of Fraudulent Marriage
1. Annulment (Civil Remedy)
- Under Section 12 of the Hindu Marriage Act, if the marriage was entered into through fraud, it can be annulled by the court.
- The petition must be filed within one year of discovering the fraud.
2. Criminal Charges (Penal Remedy)
- Section 415 IPC – Cheating
- Section 420 IPC – Cheating and dishonestly inducing delivery of property
- Section 493 IPC – Deceitfully causing a woman to believe she is lawfully married
- Section 376 IPC – Rape (if consent was obtained under false promise of marriage)
- Section 498A IPC – Cruelty and harassment of wife (if linked with dowry demands)
Women’s Rights in Fraudulent Marriages
Women have several legal rights and remedies if they are victims of fraud:
- Right to annul the marriage (civil court)
- Right to lodge an FIR for cheating, rape, cruelty, etc.
- Right to maintenance and alimony, even if the marriage is annulled
- Right to custody of children
- Right to reclaim dowry and stridhan
- Right to shelter and protection under the Domestic Violence Act
Filing a Complaint: Steps to Take
Contact women’s rights organizations or helplines for support.
Collect evidence: messages, photos, documents, witnesses.
File a complaint at the nearest police station.
Seek help from a family lawyer or legal aid cell.
Approach the Family Court for annulment or divorce.
