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Voidable Marriages (Section 12)
A marriage is voidable on either side of the party is known as voidable marriage. It will be valid unless the petition for invalidating the marriage is made. This marriage is to be declared void by a competent court under the Hindu Marriage Act, 1955. The parties of such marriage have to decide whether they want to go with such marriage or make it invalid.
The grounds where marriage can be termed as voidable:
- The party to the marriage is not capable of giving consent due to the unsoundness of mind. Illustration: There are two parties ‘A’ and ‘B’, where ‘A’ is the husband and ‘B’ is his wife. ‘B’ gave the consent of the marriage when she was suffering from an unsound mind. After some years, ‘B’ gets cured and raised that her consent was invalid and this marriage is voidable because during the time of the consent of ‘B’, she was in an unsound mind. So, this a ground of voidable marriage.
- The party is suffering from mental disorder which makes her unfit for reproduction of children. Illustration: There are two parties ‘A’ and ‘B’, where ‘A’ is the husband and ‘B’ is his wife. If ‘B’ is suffering from mental disorder due to which she is unfit for reproduction of children. Then this can be a ground for voidable marriage.
- If the party has been suffering from repeated attacks of insanity. Illustration: There are two parties ‘A’ and ‘B’, where ‘A’ is the husband and ‘B’ is his wife. Anyone from ‘A’ or ‘B’ is suffering from repeated attacks of insanity, then this can also be a ground for voidable marriage.
- The consent of marriage by either of the parties is done by force or by fraud. Illustration: There are two parties ‘A’ and ‘B’ where A is the husband and B is his wife. If either party gave consent to the marriage by force or fraud, then it will be a voidable marriage.
- If either of the parties are under-aged, bridegroom under 21 years of age and bride under 18 years of age. Illustration: There are two parties ‘A’ and ‘B’, where ‘A’ is the husband and ‘B’ is his wife. If ‘B’ is under the age of 18 years then this marriage will be considered as voidable or if A is under the age of 21 years then it can also be considered as voidable marriage.
- If the respondent is pregnant with a child of someone other than the bridegroom while marrying. Illustration: There are two parties ‘A’ and ‘B’ where ‘A’ is the husband and ‘B’ is his wife. During the time of the marriage if ‘B’ is pregnant through another person. Then the marriage would be voidable.
Necessary conditions to be fulfilled by a petition under Section 12 for nullity of a Voidable Marriage
- On the plea of fraud or application of force on marriage, a petition can be filed before the court within one year of discovery of such fraud or application of force.
- The allegation based upon which the petition is filed was beyond the knowledge of the petitioner at the time of solemnization of marriage.
- The petition on such an allegation must be presented in the court within one year of knowledge of such facts.
- No s*xual relationship is established after knowing about alleged facts. (source: ipleaders)
Thank you
