Annulment and marriage solemnization

Querist : Anonymous (Querist) 29 June 2011 This query is : Resolved
Ld Counsels,

In a petition filed under section 12(1a)(1c) of HMA the allegation that the marraige is not solemnized in due form is unnecessary. Bcos the cause of action under that section will arise only for marriage properly solemnized, further impotency or fraud cannot be alleged unless the marriage is solemnized. The relevant provision is given below.

12. Voidable marriages.
(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:-

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Ravikant Soni (Expert) 29 June 2011
"Marriage is not solemnized in due form" but when the both parties co habits like manner and than it is assumed marriage between them.

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Guest (Expert) 30 June 2011
it means the parties to the marriage can accept the marriage or deviate from the marriage ties. But regular divorce petition is not maintainble. only a suit for nullity will lie.

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