5 Fraudulent Marriage

Definition: marriage induced by fraud — the consent obtained by deception as to the facts essential to the marriage (the concealment of a prior marriage, the false identity, the concealed disease/impotence within the statute's heads, the false religion/caste inducements, the marriage- for-immigration ruse). Elements: the fraudulent representation/concealment + the inducement (the deceived party's consent caused by the fraud) + the materiality (the deception going to the marriage's essence) + the intent (the fraudulent purpose). Consequences: the deceived party's annulment (the voidable marriage — the family-law remedy) and the deceiver's criminalliability (the Code's fraudulent-marriage offence — punishment for marrying by deceit); the adjacent frauds (the dowry-deception, the citizenship-marriage rackets — the border-region's fake- marriage-for-papers prosecutions).The four offences' comparison (the closing table):OffenceViolated conditionCivil consequenceCriminal targetBigamyMonogamySecond marriage voidThe marrying spouseChild marriageAge (20)Voidable/voidThe adult arrangers/groomIncestuous marriageProhibited degreesVoidBoth parties (knowing)Fraudulent marriageGenuine consentVoidable (annulment)The deceiver