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Is Marriage Fraud Different In Civil Vs Criminal Law

Writer: lead indialead india
Mar 184 min read

In Indian civilization, marriage is revered as a holy institution, protected by social and legal institutions. Marriage, like any other legal partnership, can be abused by dishonest tactics, though. Commonly referred to as "marriage frauds," fraudulent marriages involve various forms of deception and can impact the individuals concerned along with families very adversely. The practical answers given to the problem of marriage fraud in India are quite intricate, consisting of a myriad of criminal and civil laws, each having its own burden of proof, processes, and relief.

Marriage Fraud

When one or both parties to marriage contracts do so to mislead the other, it is referred to as marriage fraud. 

  • This deception may take several forms: ‘Partners may lie about their name, previous relationships, age, economic status, etc.’

  • Dowry fraud is when a party, generally the bride's family, is taken advantage of through a veiled demand or expectation of dowry.

  • People may get married purely to receive immigration benefits, utilizing the marriage contract as a means of gaining citizenship or permanent rights abroad.

  • Divorces can be used as a pretext to obtain the assets or money of the other spouse by lying.


Civil Approach to Marriage Fraud

Under civil law, marriage is also treated as a contract and hence, there may exist a few fraud issues affecting such a contract. In India, marriage is subject to dissolution and annulment by following the rules of evidence if it can be proved that there was perpetration of fraud, particularly so under the laws applicable to Christians, Muslims Hindus, and other communities. Civil remedies extend to divorce, annulment, and vexatious claims seeking the return of dowry or property given by ‘misrepresentation.


Annulment of Marriage:

  • The Hindu Marriage Act (1955) allows for the marriage to be annulled under Section 12(1)(c) if one of the parties had expressly or impliedly consented to the marriage under duress. ‘Annulment’ as a term will apply when a significant element such as impotence, insanity, or a previous marriage is concealed by dishonesty.

  • The Christian Marriage Act (1872) acknowledges that such marriages can be dissolved in case the other party forcibly, through trickery or some other method, compelled the unhappy spouse to become married.

  • Provisions of Islamic law highly emphasize the consideration of measures aimed at reconciliation and arbitration before the marriage is dissolved. However, the presence of deceit in a marriage is considered a ground for ‘Faskh’ – that is, termination of the marriage.


Divorce:

  • The Hindu Marriage Act also provides for divorce under certain conditions in Section 13. Such conditions are, among others, cruelty and desertion as well as insanity. Although this is not directly stated, it can be interpreted that the grounds for seeking annulment of marriage based on fraud may include some form of mental cruelty or misrepresentation.

  • Under the Special Marriage Act, of 1954, the divorce procedures may result from marital fraud under this statute.


Restitution of Dowry and Property:

  • The party who was wronged in a marriage fraud case that involves financial exploitation may request the return of any dowry or other payments received during the marriage. 

  • This is frequently pursued under civil law as part of divorce or annulment procedures, and courts have the authority to make up for false gains and restore financial parity.


Criminal Approach to Marriage Fraud

While criminal law aims to punish the act of fraud itself, civil law primarily deals with the dissolution or annulment of a fraudulent marriage. Criminal statutes such as the Bharatiya Nyaya Sanhita and others stipulate penalties for fraudulent marriages.


Cheating & Fraud (Section 318 of BNS):

  • Section 318 of Bhartiya Nyaya Sanhita addresses cheating and deception, and it applies when one person deceives another to get married or to gain personal or financial advantages.

  • Penalty: Cheating or Infidelity has a penalty of seven years of imprisonment and monetary compensation. This clause comes into play when one party cheats the other for financial, property, or immigration needs.

     

Bigamy (Section 82 of BNS):

  • Section 82 of Bhartiya Nyaya Sanhita comes into play when one individual remarries, without informing the other party about the existence of a previous marriage. This clause makes it illegal to marry another person, and even consummate the second marriage, while the first marriage and first husband are still there and the marriage is not annulled, therefore bigamy is prohibited. 

  • Penalty: Section 82 of BNS states that a person found guilty of the offense of bigamy shall be liable to imprisonment for a term that may extend to seven years, or a fine, or both.


Dowry Prohibition Act, 1961:

  • One of the key features observed in several incidences of marriage-related fraud is the dowry whether solicited or given. When one party seeks a bride price, after the couple has legally parted, they could create a financial burden on the other party or coerce them into obedience to illegal demands. This is referred to as a dowry-related crime.

  • Penalties: According to the Dowry Prohibition Act, any kind of solicitation or acceptance of dowry is punishable with imprisonment for a term which may extend to five years and fined an amount not less than ₹15,000 or the entire sum of the dowry, whichever is of higher value.


Difference between Civil Marriage Fraud and Criminal Marriage Fraud

Nature of Proceedings:

  • Civil Law: In the case of civil proceedings regarding matrimonial fraud, the emphasis principally lies on addressing the issues between the parties through divorce, annulment, or restoring property. The proof standard is based on the "balance of probabilities".

  • Criminal Law: However, in criminal law, the prosecution turns out to be a matter of state whereby the offender is being penalized for acting fraudulently. For this reason, such convictions become harder to secure as the burden of proof is ‘beyond reasonable doubt’.


Remedies:

  • Civil Law: For instance, here are annulment and divorce, which are restorative remedies that can oftentimes be found in civil cases, and monetary compensation. 

  • Criminal Law: The primary aim of criminal prosecutions is to punish the offender via the imposition of imprisonment, fines, or both to prevent the occurrence of such acts in the future.


One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.


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