Digital Courtship Or Legal Risk? A Study Of Consent And Fraud In Online Matrimonial Platforms
Bhavya Sinha, Amity University, Noida
ABSTRACT
The recent growth of online matrimonial sites has greatly changed the conventional institution of marriage in India where, the partners were picked through family-mediated means but now, through digitally facilitated interactions. Although these platforms provide more autonomy, accessibility, and effectiveness in matchmaking, they also bring up intricate legal issues related to the legitimacy of consent and the rate of deceit. The title of this paper is, Digital Courtship or Legal Risk? A Critical Study of Consent and Fraud in Online Matrimonial Platforms, attempts to accomplish a thorough socio-legal examination of how online space is transforming the ideals of free and informed consent in matrimonial affairs. The paper discusses the conceptual basis of the online relationships, consent, and deception, where false representation of material facts, i.e., marital status, identity, financial status, and personal history, may vitiate consent and void marriages under the Hindu marriage act, 1955 Section 12(1)(c). It also delves into the increasing rate of matrimonial fraud including identity theft, emotional abuse and financial abuse, which are backed by recent statistical patterns and case law. The paper, based on the review of judicial rulings, such as those where the concealment of marital history, fraudulent inducement, and platform liability were involved, illustrates that Indian courts are becoming more convinced in the use of online matrimonial profiles as the main source of dependence in establishing marital consent. Simultaneously, the study points to the existence of major legal issues, such as the lack of a specific regulatory framework, the complexity of evidence in digital communication, the jurisdiction problem and the uncertainty surrounding the issue of intermediary liability. The paper adopts a critical view and claims that the current legislation framework is ineffective to deal with the new risks that digitally mediated matrimonial arrangements present. It highlights the necessity of more robust verification procedures, data protection standards, and more responsibility of matrimonial platforms. Placing the issue of consent in the digital sphere, the study fits into the wider discussion of the intersection of family law, cyber law, and technology, suggesting a sensible approach that would prioritize the personal autonomy of people and prevent exploitation and fraud.
