WHAT IS VOIDABLE MARRIAGE

✓ A voidable marriage is a marriage that can be cancelled at

the option of one of the parties through annulment

✓ 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

 GROUNDS TO DECLARE MARRIAGE VOIDABLE

Voidable marriage sec12

Impotency

Contravention of
5(ii)

Consent obtained by
force or fraud

Pregnancy

HINDU MARRIAGE ACT 1955

 12(1)(a) IMPOTENCY
✓ Marriage has not been consummated owing to impotence of the
husband/ wife

✓ Impotency means inability to perform sexual intercourse

✓Impotency means not only physical impotency but psychological

(emotional aversion) impotency too

NOTE : Impotency should exist from the beginning of the

marriage
HINDU MARRIAGE ACT 1955
 12(1)(b) CONTRAVENTION OF 5(ii)-CONDITIONS FOR
HINDU MARRIAGE
At the time of
marriage
neither party

Incapable of Is capable of
giving consent Suffering from
giving valid
but unfit for recurrent
consent due to
marriage and attacks of
unsoundness of
procreation of insanity
mind
child

HINDU MARRIAGE ACT 1955

 12(1)(c) CONSENT OF THE PARTY OBTAINED BY FORCE OF
FRAUD

✓ If the consent is obtained by force

• Actual physical force or threat
Or

✓ If the consent is obtained by fraud (to deceive someone)

• Nature of the ceremony
• Material facts
• Circumstances concerning husband/wife

HINDU MARRIAGE ACT 1955

PROVISION OF SECTION(12)(1)(c)
12(2)(a) Notwithstanding anything 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
 12(1)(d) PREGNANT AT THE TIME OF MARRIAGE
✓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
LEGITIMACY OF CHILDREN

•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.
 CONCLUSION

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.