Section 12 of the Hindu Marriage Act, 1955: Voidable Marriages

Section 12 of the Hindu Marriage Act, of 1955, deals with voidable marriages, allowing a marriage to be annulled under specific conditions. While a void marriage is considered non-existent from the beginning, a voidable marriage exists until it is declared null by a court.

Grounds for Voidable Marriages under Section 12:

Impotency (Section 12(1)(a)):

• If either party was impotent at the time of marriage and continues to be so, the marriage can be annulled.
• Impotency refers to the inability to consummate the marriage due to physical or psychological reasons.

Mental Incapacity (Section 12(1)(b)):

• The marriage is voidable if a party was:
  • Incapable of giving valid consent due to unsoundness of mind.
  • Suffering from a mental disorder that makes them unfit for marriage and procreation.
  • Subject to recurrent attacks of insanity or epilepsy at the time of marriage.

Consent Obtained by Coercion or Fraud (Section 12(1)(c)):

• The petitioner can seek annulment if their consent was obtained through:
  • Coercion: Using force or threats as defined in the Indian Contract Act, 1872.
  • Fraud: Misrepresentation or concealment of vital facts related to the marriage.
• The petition must be filed within one year of discovering the fraud or ending the coercion.

Pregnancy by Another Person (Section 12(1)(d)):

• A husband can seek annulment if the wife was pregnant by another person at the time of marriage, provided:
  • The husband was unaware of the pregnancy.
  • The marriage was not consummated after the discovery of the fact.
• The petition must be filed within one year of marriage.

Exceptions and Conditions:

A petition for annulment cannot be filed if the petitioner:

• Gave consent after the cessation of coercion or discovery of fraud.
• Co-habited with the spouse after discovering the grounds for annulment.

Legal Effect of Annulment:

• Once annulled, the marriage is deemed void from the date of the decree.
• Children born out of voidable marriages are considered legitimate under Section 16 of the Act.

Significance:

Section 12 provides a mechanism to address defects in marital consent or circumstances, ensuring justice and fairness in matrimonial relationships. It safeguards the rights of individuals trapped in undesirable or inequitable marriages.

Read Also: Section 11 Void MARRIAGES- Hindu Marriage Act,1955