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Annulment of Marriage Lawyer

Latest news April 27, 2019 9

Grounds for Annulment of Marriage / Voidable Marriage:- 



Section 12 of Hindu Marriage Act, lays down grounds for voidable marriages: 



  1. Inability of the respondent to consummate the marriage on account of his or her impotency. 
  2. Respondent's incapacity to consent of her/his suffering from a mental disorder. 
  3.  Concealment of pre-marriage pregnancy by the respondent. 
  4. Consent of the petitioner being obtained by fraud of force. 


 



  1. Impotency:Under the Hindu Marriage Act, the marriage of an impotent person is voidable at the instance of the non-impotent spouse. However, under Special Marriage Act, 1954 such marriage are void. A party is impotent if his or her physical or mental condition makes consummation a practical impossibility. Invincible and persistent repugnancy on the part of respondent to the act of consummation amounts to impotency. Impotency is usually either: (a) physical, or (b) mental. Instances of physical impotency are malformation or, or structural defects in the organs such as unduly large male organ, or abnormally small vagina. Instances of mental or psychological impotency are emotional, psychological or moral repugnance to the sexual act. It is important to note that if the impotency can be cured by medical treatment or surgery, it would not amount to impotency, unless the respondent refuses to undergo treatment. Similarly, barrenness and sterility are not a ground for dissolving the marriage. 
  2. Mental Capacity: Incapacity to Consent and Mental Disorder: At the time of marriage neither party should be incapable of giving a valid consent to it in consequence of unsoundness of mind or though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or has been subject to recurrent attacks of insanity. Unsoundness of mind should be such which incapacitates a person from giving a valid consent to marriage. It need not be persistent or continuous “unsoundness of mind”. It may exist just before the marriage. The mental conditions specified above relates to pre-marriage condition and not to post-marriage mental condition though for post marriage mental disability, divorce or judicial separation may be available. 
  3. Concealment of pre-marriage pregnancy: Concealment of pre-marriage pregnancy by the respondent is a ground of voidable marriage, the ground is pre-marriage pregnancy of the bride and not her unchastety. The requirements of this ground are (a) the respondent was pregnant at the time of marriage, (b) she was pregnant from a person other than the petitioner (c) the petitioner at the time of marriage did not know of the respondent’s pregnancy (d) the petition must be presented within one year of the marriage and (e) marital intercourse did not take place with the consent of the petitioner after the discovery of respondent’s pregnancy by the petitioner. A decree can be passed only when all these conditions are fulfilled. 
  4. Consent being obtained by fraud of force.The requirements of this ground are (a) consent of the petitioner was obtained by fraud or force, (b) the petition must be presented within one year of the discovery of fraud or cessation of force, (c) the petitioner must not have with his/her consent lived with the respondent as husband or wife, as the case may be, after the discovery of fraud or cessation of force. A singe act of sexual intercourse after the discovery of the fraud will be fatal to the petition. If you find yourself facing divorce or other family/matrimonial related issues, please contact us at Pankaj Kumar & Co., A Law Firm at New Delhi or schedule an appointment with us at earliest. Our contact Numbers are +91-8800543454 / +91-8800454947.
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