Voidable Marriages under Section 12 of Hindu Marriage Act, 1955
Voidable Marriages under Section 12 of the Hindu Marriage Act, 1955
What is a Voidable Marriage?
A voidable marriage is a marriage that is valid and legally recognized at the time of solemnization, but can be annulled (declared invalid) by a court if certain defects or conditions exist.
Until annulled, the marriage remains valid and the parties have the rights of a married couple.
Section 12: Grounds for Voidable Marriage
Under Section 12, a marriage may be annulled on any one or more of the following grounds if a petition is filed by the aggrieved party within the prescribed time (usually one year from marriage):
Unsoundness of Mind
Either party was of unsound mind at the time of marriage or suffers from mental disorder making them unfit for marriage and procreation.
Inability to Consent
Either party is incapable of giving valid consent due to mental incapacity or is suffering from recurrent mental illness.
Pregnancy by Another Man
The wife was pregnant by someone else at the time of marriage, and the husband was unaware of it.
Venereal Disease
The husband was suffering from a virulent (serious and contagious) venereal disease at the time of marriage.
Time Limit to File
The petition for annulment under Section 12 must be filed within one year from the date of marriage.
If not filed within this period, the marriage cannot be annulled on these grounds.
Effect of Voidable Marriage
The court may annul the marriage if satisfied with the grounds.
After annulment, the marriage is treated as if it never existed.
However, unlike a void marriage (which is invalid from the start), a voidable marriage remains valid until annulled.
Important Case Laws
Sarla Mudgal v. Union of India (1995 AIR 1531): Clarified distinctions between void and voidable marriages under Hindu law.
Anand v. Nil Ratan (AIR 1955 SC 271): Held that mental unsoundness should be proved at the time of marriage.
Sukhbir Singh v. State of Punjab (AIR 1966 SC 1035): Dealt with venereal disease as a ground for annulment.
Vinod Kumar v. Meena Devi (AIR 1978 SC 1526): Emphasized consent and mental capacity.
Summary Table
| Ground | Explanation | Time Limit to File |
|---|---|---|
| Unsoundness of Mind | Mental incapacity or disorder at marriage time | 1 year from marriage |
| Inability to Consent | Incapable of valid consent | 1 year from marriage |
| Pregnancy by Another Man | Wife pregnant by another man unknown to husband | 1 year from marriage |
| Venereal Disease (Virulent) | Husband suffering from contagious venereal disease | 1 year from marriage |
Recap:
Voidable marriages are valid initially, but can be annulled for specific defects under Section 12.
The key grounds relate to mental capacity, consent, pregnancy, and disease.
The petition must be filed within one year.
Once annulled, the marriage is treated as if it never existed.
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