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Author Topic: what is Nullity of Marriage according Hindu law  (Read 1694 times)

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Offline Pathak

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what is Nullity of Marriage according Hindu law
« on: August 12, 2013, 08:16:23 PM »
what is Nullity of Marriage according Hindu law can you kindly explain

Offline advswagata

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Re: what is Nullity of Marriage according Hindu law
« Reply #1 on: August 12, 2013, 08:22:53 PM »
Nullity of Marriage as par Hindu law is mention in Section 11 and 12 that:

Section 11 - 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 thereto 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) of section 5.

Section 12 - Voidable marriages :- 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 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 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 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.
Notwithstanding any contained in sub-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 force 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 within 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.

Offline klandry

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Re: what is Nullity of Marriage according Hindu law
« Reply #2 on: September 06, 2013, 03:36:07 AM »
Great post. This adds more information about the Nullity of Marriage in India.

 

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