According to the case, it is a matter of year 2014 when the family of the woman had taken the marriage relation to the boy's house.At that time the family members had told the age of the girl as 36 years. Both got married with the consent of the family members. After the marriage, the husband came to know that his wife was suffering from an incurable disease. The woman was suffering from an incurable disease.This fact was also hidden from the husband at the time of marriage. After marriage, the husband asked the wife and her family members, then the matter of incurable disease of the wife came to the fore.Along with this, the husband also came to know that at the time of marriage his age was told by the wife as 36 years when at the time of marriage she was 41 years old and she is 5 years older than him. The marriage was done by the wife and her family members by telling wrong age and the wife was suffering from incurable disease before marriage.Describing these things as a fraud on him, the husband filed a petition in the family court to declare his marriage invalid.Under the provisions of the Indian Divorce Act, the husband and wife have the right to approach the court to declare their marriage void on the ground of cheating.The Family Court had dismissed the husband's plea saying that the petitioner had failed to establish why the marriage should be declared void. The husband filed a petition in the Karnataka High Court against the decision of the Family Court to dismiss the petition। The petition was heard in the Karnataka High Court by a division bench of Justice Alok Aradhe and Justice Vijay Kumar Patil. After hearing both the sides, the High Court said that the The woman had admitted during cross-examination that she had concealed her true age at the time of marriage.The High Court admitted that the Family Court had erred in accepting the evidence and arguments on record.The evidence on record has proved the grounds for declaring the marriage void,Karnataka HC declares marriage void for false age at the time of marriage as fraud, and approved the divorce petition filed by the husband
