A Hindu marriage has been consummated. Neither spouse alleges fraud or any other ground for annulment.…
The Act does not make infertility by itself a ground of voidness or voidability. Section 12 does not make a consummated marriage voidable merely because a spouse cannot have…
Choose your answer
A Hindu marriage has been consummated. Neither spouse alleges fraud or any other ground for annulment. Under the Hindu Marriage Act, 1955, what is the effect on the marriage’s validity if one spouse is unable to have children?
Answer and explanation
Correct answer D
The Act does not make infertility by itself a ground of voidness or voidability.
Section 12 does not make a consummated marriage voidable merely because a spouse cannot have children.
Section 12(1)(a) concerns non-consummation owing to the respondent’s impotence.
Option feedback
Option A
Infertility is not among the grounds of voidness in section 11.
Option B
Section 12 does not make a consummated marriage voidable merely because a spouse cannot have children.
Option C
Sections 11 and 12 do not make written consent a condition of the marriage’s continued validity on these facts.
Option D
The Act does not make infertility by itself a ground of voidness or voidability.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Haryana Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision