For a petition for nullity of marriage under the Hindu Marriage Act, 1955, on the ground that consent was obtained by fraud, what is a statutory bar to granting the decree ?
Explanation & Strategy
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Under S.12(1)(c) of the Hindu Marriage Act, a marriage is voidable if consent was obtained by fraud. However, the petition is barred if the petitioner has lived with the respondent as husband and wife AFTER discovering the fraud AND with full consent. Living together after discovering fraud implies condonation — the right to annul is lost.