Cheating in marriage

The word fraud literally means to deceive, hide, darken and obscure. In legal terms, manipulation is an operation that causes deception of the transaction party. In other words, refinement means covering up a defect in the property or showing an unreal quality or perfection in the property. Due to compensation for the loss caused by this deceptive operation, the deceived has the right to cancel.

The law has provided the possibility of annulment of marriage through a civil lawsuit for the cheated people in marriage. One of the basic conditions of any contract is the intention of the parties and their consent. The marriage contract is not separate from this category. In addition to determining the punishment for the cheating party of these marriages, the legislator has provided the possibility of annulment of such a marriage, and the cheated person to file a criminal complaint by referring to the courthouse where the crime took place or to apply for the annulment of the marriage concluded between them in the competent family court. Also, the cheated person can act both criminally and civilly and there is no legal prohibition in this regard.

From the criminal point of view, fraud in marriage is criminalized as one of the crimes against family rights and duties in Article 647 of the Islamic Penal Code, and the perpetrator is punished with imprisonment from 3 months to 1 year. According to this legal article, if any of the spouses deceives the other party before the marriage, such as having a higher education, financial resources, social status, job and special position, celibacy and the like, and the marriage is based on each of them. If it happens, the perpetrator will be sentenced to penal servitude from 3 months to 1 year.

Cheating in marriage

Fraud in marriage is the fraudulent omission of one party to the marriage by the other by resorting to fictitious matters or matters contrary to reality. Concealing a previous marriage is one of the examples of fraud in marriage, so a virgin woman who kept her first marriage and divorce secret from her husband before entering into a second marriage has committed fraud in marriage and her act is in accordance with Article 5 of the Law on Marriage approved in 1310 It is consistent, but in any case, this will not reduce the dowry in divorce, so the wife is entitled to receive all or half of her dowry during the second divorce, as appropriate.

How to pay dowry after proof of marriage

In all cases where the marriage is annulled before intercourse, the woman does not have the right to dowry, except for one case, which is when the marriage is annulled due to the presence of impotency (sexual impotence of the spouse), in which case the woman is entitled to half of the dowry, but whenever her husband’s wife deceives her in marriage and the husband becomes aware of the faults after intercourse, if the husband does not use his right, he must pay the full dowry, but in case of exercising the right and dissolving the marriage, the wife is not entitled to dowry, and if she has already paid it, she can take it back. If the deceiver is not the woman, but her family members or relatives or another intermediary, the man can demand the dowry paid to the woman from the deceiver.

If you have any questions regarding the cheating in marriage Law and its rulings, or if you need guidance in preparing the provisions of the cheating in marriage Petition and Bill, our experienced counselors and attorneys at Asia Lawyers Group will answer your questions.