Before The Court

Explain nullity of marriage.

asked Oct 8 in Personal Law by Arpita Tripathi
recategorized Oct 14 by Arpita Tripathi

1 Answer

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Nullity of marriage is given under section 11 and 12 of the Hindu Marriage Act. Certain categories are laid down in the Act firstly, If a marriage is fall within the can be annulled on the ground that spouse of one of the party was alive at the time of marriage, secondly,  one of the person is incapable of giving consent that suffering from mental disorder, thirdly,both the parties are under age and lastly, they are in the prohibited degree of relationship or the marriage is solemnized wit in the sapindas then the marriage will be null and void-ab-initio.

A voidable marriage can be annulled by a decree of nullity in the cases of impotency, take consent for marriage by fraud, force, misrepresentation or because of insanity, pregnancy, non disclosure of earlier marriage.

1. Hindu Marriage Act, 1955 s 11
2. Hindu Marriage Act, 1955 s 12
answered Oct 14 by Arpita Tripathi