Section 11 of Hindu Marriage Act
Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 1[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 5 of HMA: Conditions for Hindu Marriage
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
- 1 neither party has a spouse living at the time of the marriage;
- 2. at the time of the marriage, neither party:-
- (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
- (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children;
- (c) has been subject to recurrent attacks of insanity
- 3. the bridegroom has completed the age of 21 years and the bride, the age of 18 years at the time of the marriage;
- 4. the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
- 5. the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
Section 12 of Hindu Marriage Act
- (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 respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; 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 is required under section 5, the consent of such guardian was obtained by force or fraud; or
- (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Author:G.M.Rao Advocate, Date Published: 2025-01-18, Rating: 4.8-305 reviews
