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 pregnancyHINDU MARRIAGE ACT 1955