fraud

The Article 19(1) (a) of Constitution of India provides for the right to freedom of speech and expression. The freedom of speech and expression entitles a person to speak without any censorship or restriction.   This freedom is not restricted to only verbal speech, but extends to all mediums, that are used to impart or receive information and ideas. However, the right to freedom of speech and expression can be limited in favor of public interest, such as to curb obscenity or defamation.

As all marriages are based on the foundation of trust, does concealment of a pre-marriage ailment amount to fraud?

Green Card by Marriage Immigration Cases

In the US, for example, frauds pertain mostly to obtaining green card by marriage or marriage immigration cases, as they are popularly called. In India, concealment as a ground for divorce is valid if it amounts to fraud.

English law applies the ‘caveat emptor’ maxim in case of a marriage. Based on this notion, a marriage cannot be avoided either by simple fraud or mistake. Mere concealment or even over projection of facts between the parties cannot invalidate a marriage.