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:-
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(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) 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