(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 marriage has not been consummated owing to the importance 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 circumstances concerning the respondent or
(d) That the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) 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;
(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.
THE HINDU MARRIAGE ACT, 1955; ACT NO. 25 OF 1955 - An Act to amend and codify the law relating to marriage among Hindus.
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- 1. Short title and extent.
- 2. Application of Act.
- 3. Definitions.
- 4. Oveirriding effect of Act. Save as otherwise ex...
- HINDU MARRIAGES : Sec 5.
- 6. Guardianship in marriage.
- 7. Ceremonies for a Hindu marriage.
- 8. Registration of Hindu marriages.
- RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARA...
- 9. Restitution of conjugal right.
- 10. Judicial separation.
- NULLITY OF MARRIAGE AND DIVORCE
- 11. Void marriages.
- 12. Voidable marriages.
- 13. Divorce.
- 13 (1A)
- 13 (2) A wife may also present a petition for the ...
- 13A. Alternate relief in divorce proceedings.
- 13B. Divorce by mutual consent.
- 14. No petition for divorce to be presented within...
- 15. Divorced persons when may marry again.
- 16. Legitimacy of children of void and voidable ma...
- 17. Punishment of bigamy.
- 18. Punishment for contravention of certain other ...
- JURISDICTION AND PROCEDURE
- 19.Court to which petition shall be presented.
- 20. Contents and verification of petitions.
- 21. Application of Act 5 of 1908.
- 21B. Special provision relating to trial and dispo...
- 21C. Documentary evidence.
- 22. Proceedings to be in camera and may not be pri...
- 23. Decree in proceedings.
- 23A. Relief for respondent in divorce and other pr...
- 23A. Relief for respondent in divorce and other pr...
- 24. Maintenance Pendente lite and expenses proceed...
- 25. Permanent alimony and maintenance.
- 26.Custody of children.
- 27. Disposal of property.
- 28. Appeals from decrees and orders.
- 28A. Enforcement of decrees and orders.
- THE HINDU MARRIAGE ACT (Sections & Subject Heading)
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