In the case of Pawan Kumar v. State of Delhi, decided on August 23, 2025, the Delhi High Court ruled that knowingly misrepresenting one’s marital history amounts to suppressing essential facts that strike at the core of consent, and consequently renders a subsequent marriage voidable under Section 12(1)(c) of the Hindu Marriage Act, 1955.
A division bench comprising Justices Anil K. Sesharpal and Harish Vaidyanathan Shankar emphasized that such concealment undermines the principle of free and informed consent, which forms the bedrock of contractual marriages.
Why the Ruling Matters
It sets a firm precedent that marriages entered into by hiding crucial personal information, such as prior marital history, can be annulled upon discovery of such suppression. Families and marriage translators, especially in arranged settings, must ensure full transparency about marital backgrounds to avoid legal implications, namely, the risk of courts declaring the marriage voidable.
Consult a legal professional if you suspect your marriage may be challenged on grounds of misrepresentation or suppression of facts under the Hindu Marriage Act.
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