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What is Nullity of Marriage and Divorce? Section 11 of The Hindu Marriage Act 1955. What is Voidable Marriage ? Section 12 of The Hindu Marriage Act 1955.

If a marriage contravenes the the conditions specified in Section V clauses (i), (iv) and (v) of the Act, Either the husband or wife can file petition and obtain a decree and the marriage shall be null and void. Provision related to nullity of marriage and divorce are in Section 11 of this Act. The Provisions are.

Section 11 of the Hindu Marriage Act, 1955. Nullity of marriage and divorce- Void marriages
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.

Section 12 of the Hindu Marriage Act 1955 - Voidable Marriages
Section 12 (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 impotency 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, 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 circumstance 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 Law relating to marriage among Hindus

Whom Hindu Marriage Act 1955 applicable to? Section 2 of the Hindu Marriage Act 1955 and its applicability to religions.

What are the conditions for a Hindu Marriage as per The Hindu Marriage Act 1955? Section 5 of the Hindu Marriage Act 1955 Conditions.

Is it necessary to Register a Hindu marriage? Registration Requirement of Hindu Marriage as per Section 8 of the Hindu Marriage Act 1955

What is restitution of conjugal rights? Section 9 of The Hindu Marriage Act 1955. What is Judicial Separation? Section 10 of The Hindu Marriage Act 1955

What is Nullity of Marriage and Divorce? Section 11 of The Hindu Marriage Act 1955. What is Voidable Marriage ? Section 12 of The Hindu Marriage Act 1955

How Divorce can be obtained? What are the grounds for Divorce as per Section 13 of The Hindu Marriage Act 1955. Divorce Petition and grounds to file divorce petition

What is Alternate Relief in Divorce Proceedings? Section 13A of the Hindu Marriage Act 1955. What is divorce by Mutual Consent as per Section 13B of The Hindu Marriage Act 1955. Alternate relief and Divorce by mutual consent of husband and wife.

What is the time limit to file Divorce Petition? When can a divorce petition be filed? Section 14 of The Hindu Marriage Act 1955

When a divorced person marry again? What is the time limit for remarriage? Section 15 of The Hindu Marriage Act 1955

What is the legitimacy of children of void and voidable marriages? Section 16 of The Hindu Marriage Act 1955

What is the punishment for bigamy? Section 17 of The Hindu Marriage Act 1955. Punishment for bigamy under Hindu Law and Indian Penal Code section 494 and 495.

What is the punishment for contravention of provisions in the Hindu Marriage Act? Section 18 of The Hindu Marriage Act 1955. Punishment for violation of Provisions in the Act

In which court petition under the Hindu Marriage Act shall be presented ? Section 19 of The Hindu Marriage Act 1955. Contents and Verification of petitions

What is application of Act 5 of 1908? Power to transfer petition in certain cases. Special provision related to trial and disposal under the Act and Documentary evidence. Section 21, 21A, 21B & 21C of The Hindu Marriage Act 1955

Can proceeding recorded in camera be published or printed? Proceedings to be in camera may not be printed or published. Section 22 of The Hindu Marriage Act 1955

Decree in Proceedings. Section 23 of The Hindu Marriage Act 1955

Who will pay proceeding expenses? Section 24, What is permanent alimony and Maintenance? Section 25 of The Hindu Marriage Act 1955

What is the procedure to take custody of Children? Section 25 of The Hindu Marriage Act 1955

What is the procedure to take custody of Children? Section 26 of The Hindu Marriage Act 1955. Disposal of property under section 27 of the Act

How to file appeal against Decrees made by the Court against any proceedings under the Hindu Marriage Act 1955? Enforcement of Decrees and Orders. Section 28 and 28A of the Act

Whether the marriage solemnized between Hindus before the commencement of The Hindu Marriage Act 1955 is valid? Section 29 Savings

 

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