Section 25 of SMA : Section 25: Voidable Marriages

Explanation using Example

Consider a scenario where Alice and Bob have entered into a marriage under The Special Marriage Act, 1954. After the marriage, Alice refuses to consummate the marriage without any justified reason. Bob, feeling that the essential marital obligation is not being fulfilled, decides to approach the court for an annulment of the marriage.

In this case, under Section 25 of The Special Marriage Act, 1954, Bob can file a petition for the marriage to be declared voidable and seek a decree of nullity on the grounds that the marriage has not been consummated due to Alice's wilful refusal.

Had the situation been that Alice was pregnant by another person at the time of the marriage without Bob's knowledge, and Bob discovered this after the wedding, he would have to file the annulment petition within a year of the marriage and prove that he had no marital intercourse with Alice after discovering the truth to obtain a decree of nullity.

Furthermore, if Bob had been coerced into the marriage or if Alice had committed fraud to obtain his consent for the marriage, Bob would need to file for annulment within one year of the coercion ceasing or the fraud being discovered. If he continued to live with Alice as husband and wife after the discovery, he would not be granted the decree of nullity based on coercion or fraud.