stolenheart (teacher) 30 May 2014

Hindu marriage act, section 12, subsection i, clause a

Dear sir

one of my known got married 5 years back. But the marriage could not be consumed till date due to the impotency of the husband. The husband willfully kept on making some excuses to his wife - my relative - who believed on him and did not divulge this information to her family. In the initial days of the marriage, the parents of the girl had enquired from her as are the normal worries of the parents but the girl did not divulge the truth, thinking that everything will become normal. The enquiries from the parents subsided but the truth surfaced when there was no pregnancy and then the girl informed to her parents that he marriage had not been consumated till date.

My query is: can the section 12,of Hindu marriage act, subsection (i) can be applied to this case under the clause (a) and the marriage be declared voidable and be annulled? Does the restriction of time period as has been described for clause (c) in the same section applicable here also? Please reply me at the earliest.

Thanks in anticipation

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8 Replies

Laxmi Kant Joshi (Advocate ) 30 May 2014

For making her marriage voidable and to get anulled she have to filed the case u/s 12(1)(a) of HMA , there is no limitation of time limit even she can file it before completion of one year of marriage.

Jayendra Sevada (Advocate) 31 May 2014

Dear Querist,

You may file it at any point of time but the ground of seeking it must be well explained and narrating the entire sequence of events happened during her marital life. Don't make it complicated urging the other grounds (if they are not happened) and stick to the point of non-consummation of the marriage.

Best Regards,

Jayendra Sevada

K.K.Ganguly (Advocate) 31 May 2014

Yes, she can apply for annulment of her marriage u/s12 (1) (a) of Hindu Marriage Act.

T. Kalaiselvan, Advocate (Advocate) 01 June 2014

annulment of marriage can be sought for non consummation of marriage.

drsxprt (self) 01 June 2014

feel somewhere in heart to read the story.
understand sleep is luxury not for parent only bt fr good wisher like u also.
may god give all of good strength to bear and sleep.
yes, u can.

for not having child, not only man but woman is too responsible.
better get it medically checked., of course if u seem fit.
there are instances i come across where one spouse does not feel to cohibit with other. is it not with ur case too ? pl. checked.
there is misconception abt size prevailed among many men and women. does anyone of them victim of it ? check.

in short, get it medically test of both of them and consult good s*xologist, psychiatrist, marriage counselor instead of approaching court.

i advise wht i feel. it is entirely left up to you.