fighter 21 August 2017

Grounds and sections for null and void

Hi Experts,

what r the grounds and sections for a null and void marrigae?

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5 Replies

Siddharth Srivastava (Advocate) 22 August 2017

It is section 12 of HM Act.

Adv Radhika Mehta (Advocate) 22 August 2017

Section 11 and 12 of the Hindu marriage Act.

fighter 23 August 2017

Is it possible to file a divorce petition under two grounds. One is on cruelty and other one is on Null an void.

Adv Radhika Mehta (Advocate) 23 August 2017

A petition for null and void means that the marriage never took place. Its not a ground of Divorce. The grounds for Divorce are enumerated in Sec 13 of the Hindu Marriage Act.

Azhagananth (Lawyer) 25 August 2017

Nullity of Marriage and Divorce

11. Nullity of marriage and divorce- Void marriages. - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party theret o, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.

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:-

(a) that the marriage has not been consummated owing to the impotency 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, 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 circumstance 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 su b-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 forc e 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 with in 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.