DHARMESH KUMAR (Pvt Job) 27 October 2022

Mutually nullity of marriage

Sir/Madam

This is case of voidable marriage as after marriage it has exposed that the girl is suffering from mental illness.

Now after negotiation parties is ready to apart.

So query is that

Can party go for nullity of marriage under section 12 of HMA OR mutual divorce mentioning the mental illness issue u/s. 13B of HMA?

Please guide.

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Quick Summary

This discussion concerns a voidable marriage where a spouse's mental illness was discovered post-nuptials. The parties wish to separate amicably. The query is whether they can pursue nullity of marriage under Section 12 of the Hindu Marriage Act (HMA) or opt for mutual divorce under Section 13B, citing the mental illness.