A, a Hindu male, marries B, a Hindu female. At the time of marriage, B was suffering from unsoundness…

Under Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955, a marriage solemnised when a party is suffering from unsoundness of mind at the time of marriage is a voidable marriage that may be annulled by a decree of nullity, rather than being a ground for divorce or judicial separation (which under Sections 13(1)(iii) and 10 apply to post-marriage incurable unsoundness of mind or continuous/intermittent mental disorder). Because Section 12(1)(b) does not restrict the right to present a petition for nullity only to the other spouse (unlike clauses (c) and (d) of Section 12(1)), either party to the marriage—including B—can petition for a decree of nullity.