Section 12 – Hindu Marriage Act – Voidable Marriages.

Code:

(1) Any marriage solemnized, 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:—
(a) That the marriage has not been consummated owing to the impotence 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 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 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 solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized 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 the said ground.

Explanation:

This section deals with marriages that are considered “voidable” under the Hindu Marriage Act. A voidable marriage is a marriage that is valid until it is declared null and void by a court. This means that the marriage is initially recognized as legal, but can be annulled under specific circumstances.

Section 12 outlines four grounds on which a marriage can be declared voidable:

• (a) Non-consummation due to impotence: If a marriage has not been consummated because of the impotence of the respondent (the person against whom the petition is filed), the marriage can be annulled. Impotence here refers to a permanent and incurable inability to engage in sexual intercourse.
• (b) Contravention of Section 5(ii): If the marriage violates the conditions specified in clause (ii) of Section 5, which prohibits marriage between certain prohibited relatives, the marriage can be annulled.
• (c) Coercion or Fraud: If the petitioner’s consent to the marriage was obtained through force or fraud, the marriage can be annulled. Fraud here refers to deception regarding the nature of the marriage ceremony or any material facts concerning the respondent.
• (d) Pregnancy by another: If the respondent was pregnant by someone other than the petitioner at the time of the marriage, the marriage can be annulled.

Subsection (2) places limitations on petitions for annulment, setting time limits and conditions based on the grounds of the petition:

• (a) Coercion or Fraud: A petition based on coercion or fraud cannot be filed after one year from the cessation of the coercion or the discovery of the fraud, respectively. Additionally, if the petitioner has lived with the respondent as husband and wife after the coercion ceased or the fraud was discovered, they cannot seek annulment.
• (b) Pregnancy by another: A petition based on this ground can only be filed if the petitioner was unaware of the respondent’s pregnancy at the time of the marriage, and within a year of the marriage (or within a year of the commencement of the Act for marriages before its commencement). Furthermore, if the petitioner had consensual sexual intercourse with the respondent after discovering the pregnancy, they cannot seek annulment.

Illustration:

Imagine a woman named Maya is pressured by her family into marrying a man named Rohan. Maya is initially unaware of Rohan’s gambling addiction and violent tendencies. After the marriage, she discovers these facts and finds herself in an abusive situation. Maya could file for annulment based on the ground of coercion or fraud, as her consent to the marriage was not freely given.

Common Questions and Answers:

Q: What are the consequences of a marriage being annulled?

A: Annulment declares the marriage void from the beginning, as if it never happened. It dissolves the marital union and restores the parties to their single status. Any property acquired during the marriage will be divided as per applicable laws.

Q: What is the difference between annulment and divorce?

A: Annulment declares a marriage void from the beginning, while divorce ends a valid marriage. Annulment typically involves grounds like fraud or coercion, while divorce can be granted for reasons like adultery or cruelty.