Description

Section 12 of Hindu Marriage Act, 1955

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

**(1) Grounds for Annulment:**
Any marriage, whether solemnized before or after the commencement of the Act, may be voidable and can be annulled by a decree of nullity on the following grounds:

- (a) **Non-consummation due to Impotence:** If the marriage has not been consummated owing to the impotence of the respondent.
- (b) **Contravention of Conditions (Section 5(ii)):** If the marriage is in contravention of the conditions specified in clause (ii) of Section 5.
- (c) **Forced or Fraudulent Consent:** If the consent of the petitioner was obtained by force or by fraud regarding the nature of the ceremony or any material fact or circumstance concerning the respondent.
- (d) **Pregnancy by Another Person:** If the respondent was pregnant by someone other than the petitioner at the time of the marriage.

**(2) Limitations on Filing Petition:**
- (a) **For Ground Specified in Clause (c):**
  - (i) The petition must be presented within one year after the force ceased to operate or the fraud was discovered.
  - (ii) The petition cannot be entertained if the petitioner, with full consent, has lived with the other party to the marriage as husband or wife after the force ceased to operate or the fraud was discovered.

- (b) **For Ground Specified in Clause (d):**
  - (i) The petitioner must be ignorant of the facts alleged at the time of marriage.
  - (ii) Proceedings must be instituted within one year from the marriage for marriages solemnized before the commencement of the Act, and within one year from the date of the marriage for marriages solemnized after the commencement of the Act.
  - (iii) Marital intercourse with the consent of the petitioner should not have taken place since the discovery of the existence of the said ground.

This section essentially provides grounds for annulment of marriages under specific circumstances, and it outlines limitations on when a petition for annulment can be entertained based on the specified grounds.