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09 Akrati Survansi   25 August 2022

Constitutional validity of section 12 (1) d of hindu marriage act 1955

In a case where wife challenged the constitutional validity of section 12 1 d of hindu marriage act after not get the divorce on the ground mentioned under section 12 1 d of hindu marriage act as it is only available to husband not to the wife. 


 1 Replies

Dr J C Vashista (Advocate)     26 August 2022

How do you find Section 12 (1) (d) of Hindu Marriage Act, 1955 to declare a marriage voidable can be invoked and made applicable to husband / petitioner, which provides:

Section 12 in The Hindu Marriage Act, 1955

12 Voidable marriages(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:—

12 [(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 13 [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 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

How can you establish a husband / petitioner seeking the marriage to be declared as "void" can concieve and got pregnanted by some person ?

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