Annulment Under Section 19 of Indian Divorce Act

In modern Indian law, the term 'fraud' has been given a wider interpretation. Mere statements alleging fraud in the pleadings is not sufficient to establish a presumption of fraud in matrimonial law. Section 19 of the Indian Divorce Act contemplates fraud as a ground for divorce but the term has a broad scope.

Annulment of Marriage Due to Mistaken Identity

In Ayukt v Ayukt,  AIR 1940 Cal 75, a Christian woman married a Muslim man who had represented to her at the time of marriage that he is Christian. The Court granted annulment of this marriage.

Sometimes Concealment Does not Amount to Fraud

In Jacob v Usha, 1984 KLT SN 69 P.41, parents of the bride knew that their daughter had mental and intellectual deficiency but they truly believed that her condition would improve after marriage. So, they did not inform the prospective bridegroom about hercondition. The court did not accept the plea that the consent for this marriage was obtained by fraud. 

Non disclosure of Essential Fact on Procreation Amounts to Fraud

In Moore v Valsa, AIR 1992 Ker 176, a widower father, with children from  his first marriage and had undergone vasectomy, and remarries without informing this fact to the second wife, such act was held as 'fraud' so as to vitiate the consent of marriage.

In Indian matrimonial law, procreation is considered as one of the most important purposes of marriage. Non-disclosure of this fact amounts to fraud.