Effect of concealment and over boasting in marriage

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.

Can Boasting Before Marriage Amount to Fraud?

In Purbi v Basudev, AIR 1969 Cal 293, a wife alleged that her husband’s boasting before marriage about his high prospects in life is the main factor that enticed her to marry him. It was held that this does not amount to fraud.
Can Concealment of Schizophrenia Amount to Fraud?
Concealment of a serious condition such as incurable schizophrenia amounts to fraud.

What happens if a marriage is solemnized based on mistaken identity?

In Gurmeet Kaur v Narinder Singh, AIR 1986 P& H 191, the girl that the petitioner was shown as his prospective wife had fair complexion but on the day of marriage, the girl he married was dark complexioned, had squint and seven teeth missing. It was held that the marriage could be annulled based on mistaken identity.

What happens if a person marries in a state of intoxication?

In such a case, the marriage can be annulled if the person is in such a state of drunkenness so as not to know the nature of the act itself.

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