Section 12 Hindu Marriage Act 1955 – Voidable marriages
By Vkeel Team
Description
“Section 12 Hindu Marriage Act 1955”
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:
1[(a) that the marriage has not been consummated owing to the imporence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 2[was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force 3[or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 4[the said ground].
Voidable Marriages Under the Section 12 Hindu Marriage Act 1955: A Comprehensive Guide
This article provides a comprehensive guide to the voidable marriages under Section 12 Hindu Marriage Act 1955. The Hindu Marriage Act 1955 is a landmark legislation that governs the marriages of Hindus in India. It is a comprehensive law that provides for the registration of marriages, the grounds for voidable marriages, and the remedies available to the aggrieved party.
Under Section 12 Hindu Marriage Act 1955, a marriage can be declared voidable on certain grounds. The grounds for voidable marriages are as follows:
1. If either party to the marriage was a minor at the time of the marriage.
2. If either party was of unsound mind at the time of the marriage.
3. If the consent of either party was obtained by force or fraud.
4. If either party was suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
5. If either party was subject to recurrent attacks of insanity or epilepsy.
6. If either party was impotent at the time of the marriage and continues to be so.
7. If the marriage was solemnized before the commencement of this Act and either party had a spouse living at the time of the marriage.
8. If the marriage is in contravention of the conditions specified in Section 5 of the Act.
The aggrieved party can file a petition for the declaration of the marriage as voidable in the court of law. The court will then examine the facts of the case and decide whether the marriage is voidable or not. If the court finds that the marriage is voidable, it will declare the marriage as voidable and grant the reliefs as prayed for by the aggrieved party.
1. Subs. by s. 6, ibid., for clause (a) (w.e.f. 27-5-1976).
2. Subs. by Act 2 of 1978, s. 6 and Schedule, for is required under section 5 (w.e.f. 1-10-1978).
3. Subs. by Act 68 of 1976, s. 6, for or fraud (w.e.f. 27-5-1976).
4. Subs. by s. 6, ibid., for the grounds for a decree (w.e.f. 27-5-1976).
Description Source: indiacode
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