Scribd
Upload
1K views2 pages

Asha Qureshi Vs Afaq Qureshi Facts:: Already Married To Motilal Vishwakarma

Asha Qureshi and Afaq Qureshi were married for one year when Afaq discovered that Asha was previously married and her first husband had died. Asha did not disclose her first marriage to Afaq and claimed she was a virgin. Afaq filed for divorce on grounds of fraud. The court observed that failing to disclose a prior marriage constitutes fraud under Section 17(1) of the Indian Contracts Act. The court ruled the marriage was null and void under Section 24 of the Special Marriage Act and dismissed Asha's appeal, granting Afaq a divorce.

Uploaded by

Bharat India
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
1K views2 pages

Asha Qureshi Vs Afaq Qureshi Facts:: Already Married To Motilal Vishwakarma

Asha Qureshi and Afaq Qureshi were married for one year when Afaq discovered that Asha was previously married and her first husband had died. Asha did not disclose her first marriage to Afaq and claimed she was a virgin. Afaq filed for divorce on grounds of fraud. The court observed that failing to disclose a prior marriage constitutes fraud under Section 17(1) of the Indian Contracts Act. The court ruled the marriage was null and void under Section 24 of the Special Marriage Act and dismissed Asha's appeal, granting Afaq a divorce.

Uploaded by

Bharat India
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

ASHA QURESHI VS AFAQ QURESHI

FACTS:

The appellant and the respondent were husband and


wife. They lived as husband and wife for one year. Only
after the marriage, the respondent came to know that
the appellant was already married to Motilal
Vishwakarma. But he died before the marriage of the
parties. While marrying the respondent, the appellant
stated that she was a virgin. The fact of the first
marriage of the respondent with the appellant was
suppressed by her. The respondent filed a case against
the appellant under sec 24 of the special marriage act to
state that the marriage is null and void. 

ISSUE:

1. Whether not disclosing the first marriage amounts to


fraud?

LEGAL PROVISION:

1.Sec 24 of the Special Marriage Act


2.Sec 17 of the Indian Contracts Act

APPELLANT’S CONTENTION:

The appellant contended that the appellant and the


respondent had known each other for a long time. Thus,
the respondent was aware of the appellant’s marriage.
Thus there is no fraud in the marriage between the
appellant and the respondent. 

RESPONDENT’S CONTENTION:

The respondent contended that the appellant failed to


disclose about her first marriage to the respondent and
also she lied that she was a virgin. Thus, according to sec
17 of the Indian Contracts Act, the appellant conducted a
fraudulent act.

OBSERVATION:

It was observed that according to sec 17(1) of the Indian


Contracts Act, suggesting a fact which is not true is a
fraud. Thus, the appellant conducted a fraudulent act.
The fraudulent marriage was held to be null and void
under sec 24 of the Specific Marriage Act.

JUDGMENT:                   

The Hon’ble Madhya Pradesh High Court held that not


disclosing their first marriage to their spouse amounts to
fraudulent act. Under sec 17(1) of the Indian Contracts
Act, suggesting a fact which is not true is a fraud.
According to sec 24 of the Specific Marriage Act, this case
became null and void. Thus, the appeal was dismissed
and the Hon’ble Madhya Pradesh High Court confirmed
the order of the trial court and granted divorce to
them.   

You might also like