Annulment /Nullity of Marriage in India
Nullity of marriage and divorce:
Void marriages Any marriage solemnized after the
commencement of this Act shall be null and void and may, on a petition
presented by either party thereto, against the other party be so declared by a
decree of nullity if it contravenes any one of the conditions specified in
clauses (i), (iv) and (v), Section 5. 12. Voidable.
Marriages.-(1) Any marriage solemnized, whether before or
after the
commencement of this Act, shall be voidable and may be
annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the
impotency of the respondent; or
(b) that the marriage is in contravention of the condition
specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent
of the guardian in marriage of the petitioner was required under Section 5 as
it stood immediately before the commencement of the Child Marriage Restraint
(Amendment) Act, 1978, the consent of such guardian was obtained by force or by
fraud as to the nature of the ceremony or as to any material fact or
circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage
pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1),
no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1)
shall be entertained if-
(i) the petition is presented more than one year after the
force had ceased to operate or, as the case may be, the fraud had been
discovered ; or
(ii) the petitioner has, with his or her full consent, lived
with the other party to the marriage as husband or wife after the force had
ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1)
shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage
ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a
marriage solemnized before the commencement of this Act within one year of such
commencement and in the case of marriages solemnized after such commencement
within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the
petitioner has not taken place since the discovery by the petitioner of the
existence of the said ground.
Right of property after divorce: Disposal of property.-In
any proceeding under this Act, the Court may make such provisions in the decree
as it deems just and proper with respect to any property presented at or about
the time of marriage, which may belong jointly to both the husband and the
wife.
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