The Hindu Marriage Act, 1955
NULLITY OF MARRIAGE AND DIVORCE
Section 12: Voidable Marriages
Bare Act
(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:
- (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 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 the said ground.
Simplified Act
(1) A marriage can be legally declared as not valid (annulled) if it meets any of these conditions:
- (a) The couple has not had sexual relations because one partner is unable to (impotent).
- (b) The marriage breaks a specific rule mentioned in another part of the law (Section 5, clause ii).
- (c) Someone was forced or tricked into agreeing to the marriage.
- (d) The wife was already pregnant with another man's child at the time of the marriage.
(2) However, there are certain situations where a marriage cannot be annulled:
- (a) For being forced or tricked into marriage (clause c):
- (i) If more than a year has passed since the force… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine a scenario where Rita and John got married six months ago. After the wedding, Rita discovers that John is unable to consummate the marriage due to impotence. Feeling distressed and considering this a critical aspect of their marital relationship, Rita decides to file a petition for annulment of the marriage.
In this context, Rita's situation falls under Section 12(1)(a) of the Hindu Marriage Act, 1955. She can approach the family court seeking a decree of nullity on the grounds that the marriage has not been consummated owing to John's impotence.
