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Y Avoidable marriage is a marriage that can be cancelled at the option of one of the parties through annulment v The marriage is valid but is subject to cancellation if contested in the court through decree by one of the parties to marriage HINDU MARRIAGE ACT 1955, Prior to the Hindu Marriage Act, 1955 the parties to the marriage had no remedy to get out of the marriage. Section 12 of Hindu Marriage Act, 1955 is a remedy for the parties, who are in voidable marriage. After the enactment of the Amendment Act 1976 the child born out of voidable marriage shall be termed as legitimate. There are certain grounds for valid marriage under Section 5 of the Hindu Marriage Act,1955, if someone violates it then it amounts to voidable marriage. *Legitimacy of children under voidable marriages are specified under Section 16 of Hindu Marriage Act, 1955. *In a voidable marriage, any child born of a marital relationship subsequently declared as nullity by court shall also be termed as legitimate «If prior to the marriage, the bride was pregnant and gave birth to the child after the marriage, such a child cannot be treated as legitimate because that child was not born out of the marital relationship of the present marriage and therefore, the child born after the marriage having been conceived prior to the marriage is to be held illegitimate. 12(1)(d) PREGNANT AT THE TIME OF MARRIAGE Y Wife(respondent) is pregnant from any other person other than her husband PROVISION OF (12)(1) (d) (12)(2)(b) the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied- i. Petitioner did not know about the pregnancy at the time ii. Petition presented within one year from the date of marriage iii After discovery petitioner(husband) did not engage with his consent in any kind of marital intercourse after the discovery of pregnancy HINDU MARRIAGE ACT 1955

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