What is petition for a void marriage is under Hindu Marriage act ?

Under the Hindu Marriage Act, 1955, a petition for a void marriage can be filed under Section 11 and Section 12.

Section 11 deals with the grounds for declaring a marriage as null and void. A marriage is considered null and void if:

• Either party was already married at the time of the marriage
• The parties are within the degrees of prohibited relationship
• Either party is of unsound mind and incapable of giving valid consent to the marriage
• The consent of either party was obtained by force or fraud
• The bride was below the age of 18 and the marriage was solemnized before the bride attained the age of 15 or the groom was below the age of 21 at the time of marriage

On the other hand, Section 12 deals with the grounds for annulling a marriage. A marriage is considered voidable if:

• The marriage has not been consummated due to the incapacity of either party
• Either party was a minor at the time of the marriage and did not give their valid consent
• Either party was of unsound mind and incapable of giving valid consent to the marriage
• The consent of either party was obtained by fraud or force
• Either party was suffering from a venereal disease in a communicable form
• Either party was suffering from a mental disorder and unfit for marriage
• The wife is pregnant by someone other than the husband at the time of marriage.

  A petition for a void marriage is a legal document that is filed in court to declare a marriage null and void. In India, the Hindu Marriage Act, 1955 provides for the grounds on which a marriage can be declared void. If any of the grounds mentioned in the Act are present, either party to the marriage can file a petition for a declaration of nullity.

  Grounds for a void marriage under the Hindu Marriage Act:

  1. Bigamy: If either party is already married at the time of the marriage, the second marriage is void. This is because polygamy is not permitted under Hindu law.

  2. Prohibited relationship: If the parties are related to each other in a prohibited degree of consanguinity or affinity, the marriage is void. For example, if the parties are brother and sister or if one of them is the direct ascendant or descendant of the other, the marriage is void.

  3. Mental incapacity: If either party is of unsound mind and incapable of understanding the nature of the marriage contract and the duties and responsibilities that come with it, the marriage is void.

  4. Consent obtained by fraud or coercion: If either party obtained the consent of the other party by fraud or coercion, the marriage is void. For example, if one party conceals their true identity or lies about their social or economic status, the marriage can be declared void.

  5. Impotence: If either party is unable to consummate the marriage due to impotence, the marriage is void. However, the impotence must be present at the time of the marriage and must be incurable.

  6. Incurable venereal disease: If either party has an incurable venereal disease, the marriage is void.

  7. Unsoundness of mind at the time of marriage: If either party was of unsound mind at the time of the marriage and was incapable of giving valid consent, the marriage is void.

  If any of the above grounds are present, either party can file a petition for a declaration of nullity of the marriage. The petition must be filed in the appropriate court and must be accompanied by supporting evidence.

  The Hindu Marriage Act, 1955 provides for the jurisdiction of the court in which the petition can be filed. The court can be the district court or a family court, depending on the location of the parties. The petition must be filed within one year of the discovery of the ground for nullity, and not later than three years after the marriage.

  In conclusion, a petition for a void marriage is a legal document that is filed in court to declare a marriage null and void. The Hindu Marriage Act, 1955 provides for the grounds on which a marriage can be declared void. If any of the grounds mentioned in the Act are present, either party can file a petition for a declaration of nullity. The petition must be filed within the prescribed time limit and must be accompanied by supporting evidence.

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