Dastane v Dastane [AIR 1975 SC 1534]
Case Brief: Dastane v. Dastane [AIR 1975 SC 1534]
Court:
Supreme Court of India
Facts:
The dispute arose from a marriage contract between the parties—Mr. Dastane and his wife.
The wife’s family, under certain pressures and misrepresentations, made the marriage agreement.
After marriage, the wife sought nullification of the marriage claiming that the consent was obtained by fraud, coercion, and misrepresentation.
She contended that her consent to the marriage was not free and voluntary but was induced by fraud.
The husband denied the allegations and sought to uphold the validity of the marriage contract.
The issue before the court was whether the consent given by the wife was vitiated by fraud or coercion, thereby rendering the marriage voidable.
Issues:
What constitutes valid consent in contract and matrimonial law?
Whether fraud or coercion can vitiate consent and make the contract (marriage) voidable.
The legal effect of consent obtained by fraud under the Indian Contract Act, 1872.
How the courts determine if consent was freely given or induced by undue influence.
Judgment:
The Supreme Court held that consent must be free and voluntary for a contract, including a matrimonial contract, to be valid.
Consent obtained by fraud, coercion, misrepresentation, or undue influence is not valid consent.
The Court observed that in matrimonial cases, the element of consent is paramount and must be scrutinized closely.
If consent is vitiated, the contract is voidable at the option of the party whose consent was obtained by fraud or coercion.
The Court laid down the principle that a party alleging fraud must prove it by clear and convincing evidence.
In this case, the Court held that the wife’s consent was vitiated and hence the marriage was voidable.
The judgment emphasized the protection of individual autonomy and free will in matrimonial contracts.
Legal Principles Established:
Free Consent under Indian Contract Act, 1872:
Consent is free only when it is not obtained by coercion, undue influence, fraud, misrepresentation, or mistake (Section 14).
Voidable Contracts:
A contract is voidable if consent was obtained by fraud or coercion (Section 19). The aggrieved party may rescind the contract.
Burden of Proof:
The party alleging fraud or coercion must prove it with clear and convincing evidence.
Application in Matrimonial Law:
The principle of free consent applies equally in matrimonial contracts. Marriages where consent is obtained by fraud can be annulled.
Important Observations by the Court:
The Court reinforced that marriage is not merely a contract but a solemn and sacred relationship, yet it requires the essential element of free consent.
The judgment clarified that fraud vitiates consent even in deeply personal matters like marriage.
The Court recognized the vulnerability of parties in matrimonial agreements and underscored the judiciary’s role in protecting individual rights.
Significance:
This case is a leading authority on the doctrine of free consent in matrimonial disputes.
It highlights the importance of consent being free from fraud and coercion in contracts and marriages.
The ruling is frequently cited in cases involving annulment of marriage, contract disputes, and issues of undue influence.
It also forms a foundational principle in Indian contract law on validity and voidability of contracts.
Summary:
| Aspect | Details |
|---|---|
| Parties | Dastane (Petitioner) vs. Dastane (Respondent) |
| Court | Supreme Court of India |
| Year | 1975 |
| Legal Issue | Validity of consent in matrimonial contract |
| Held | Consent obtained by fraud/coercion is invalid; contract voidable |
| Principle Established | Free consent essential; fraud vitiates consent under Contract Act |
Related Case Law for Context:
Ranganayakamma v. Alwar Setty (AIR 1954 SC 369): Consent must be free and voluntary.
Chikkam Ammiraju v. Chikkam Seshamma (AIR 1913 PC 221): Matrimonial consent must not be obtained by fraud or coercion.
Ganesan v. Janaki (AIR 1962 Mad 198): Fraud vitiates matrimonial consent.
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