🔷 Definition of Voidable Marriage
A voidable marriage is a marriage that is valid until it is annulled by a competent court. It remains legally binding unless one of the parties approaches the court to have it annulled on specific legal grounds.
This is different from a void marriage, which is considered never to have existed in the eyes of the law.
🔷 Legal Basis in India
Under Section 12 of the Hindu Marriage Act, 1955, certain marriages are considered voidable, and either party can seek annulment based on specific conditions.
🔷 Grounds for Voidable Marriage (Section 12 of Hindu Marriage Act, 1955)
- Impotency
- If either party is impotent at the time of marriage and continues to be so at the time of filing the petition.
- This includes both physical and psychological inability to consummate the marriage.
- Mental Disorder
- If one of the spouses is:
- Of unsound mind, or
- Suffering from a mental disorder making them unfit for marriage and procreation of children.
- Subject to recurrent attacks of insanity or epilepsy (epilepsy was removed from this clause after amendment).
- If one of the spouses is:
- Consent Obtained by Force or Fraud
- If the consent of the petitioner or their guardian was obtained by:
- Force
- Fraud, which includes:
- Concealment of a material fact (e.g., serious illness, previous marriage).
- Misrepresentation about identity, religion, or character.
- The petition must be filed within 1 year of discovering the fraud or being free from force.
- If the consent of the petitioner or their guardian was obtained by:
- Pregnancy by Another Man
- If the bride was pregnant by another man at the time of marriage and the husband was unaware.
- The petition must be filed within 1 year of marriage and the husband must not have had sexual intercourse with her after discovering the fact.
🔷 Rights of Women in Voidable Marriages
- Women have legal protection under various personal and secular laws:
- Right to maintenance during proceedings under Section 125 CrPC or relevant personal laws.
- Right to claim stridhan (woman’s property) even if marriage is annulled.
- Right to file for annulment on grounds like forced consent, mental illness, or concealed pregnancy.
- In cases of annulment, children born are considered legitimate under Section 16 of the Hindu Marriage Act.
🔷 Procedure for Annulment
- File a petition in the family court with valid grounds under Section 12.
- Provide proof and evidence of the claims (medical reports, witness testimony, etc.).
- The court will examine whether:
- The marriage is indeed voidable.
- There is sufficient reason to annul it.
- If the petition is successful, the court will issue a decree of nullity, declaring the marriage null from the date of the decree.
🔷 Important Time Limits
Delay can be a valid ground for dismissal of the petition.
Petition must be filed within 1 year of discovery of fraud, coercion, or facts leading to annulment.
