Hindu Voidable marriage

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Hindu Voidable marriage

Unread postby Admin » Sat Jul 22, 2017 6:53 am

Hindu Voidable marriage.
Under section 11 of Hindu Marriage Act 2017
(1) Any Hindu marriage solemnized, whether before or after commencement of this Act, may be declared voidable and may be subsequently annulled by a decree of nullity passed by the Court if,---
(a) the marriage has not been consummated owing to impotence of the respondent; or
(b) the marriage has been solemnized in contravention of the condition specified in clause (b) of section 4; or
(c) consent of the petitioner was obtained by force, coercion or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) the respondent was at the time of 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 or coercion 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, confirmed to live 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 has been discovered; and
(B) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the Court is satisfied that,---
(i) the petitioner was, at the time of marriage, ignorant of the facts alleged; and
(ii) the proceedings have been instituted, In the case of marriage solemnized,---
(a) before the commencement of this Act within one year of such commencement; and
(b) after such commencement, within one year from the date of the marriage.
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