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A marriage governed by the Hindu Marriage Act, 1955 has not been consummated owing to the respondent’s…

Section 12(1)(a) makes a marriage voidable where it has not been consummated owing to the respondent’s impotence. A court may annul the marriage by a decree of nullity.

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A marriage governed by the Hindu Marriage Act, 1955 has not been consummated owing to the respondent’s impotence. How is the marriage classified under Section 12(1)(a)?

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Correct answer D

Section 12(1)(a) makes a marriage voidable where it has not been consummated owing to the respondent’s impotence. A court may annul the marriage by a decree of nullity.

Option feedback

Option A

Section 12(1)(a) makes this a ground for a decree of nullity in a voidable marriage.

Option B

Section 12(1)(a) expressly allows annulment on these facts.

Option C

A petition does not by itself annul a marriage. The court must grant a decree.

Option D

Non-consummation owing to the respondent’s impotence makes the marriage voidable and permits annulment by decree.

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