A marriage governed by the Hindu Marriage Act, 1955, was solemnized after the Act came into force. At…
A marriage is voidable if the respondent was pregnant at the time of marriage by someone other than the petitioner. For a post-commencement marriage, the petitioner must…
Choose your answer
A marriage governed by the Hindu Marriage Act, 1955, was solemnized after the Act came into force. At the time of marriage, the respondent was pregnant by someone other than the petitioner, who did not know this. The petitioner files within a year of the marriage and has had no consensual marital intercourse since discovering that fact. How does the Act classify the marriage on these facts?
Answer and explanation
Correct answer A
A marriage is voidable if the respondent was pregnant at the time of marriage by someone other than the petitioner. For a post-commencement marriage, the petitioner must have been unaware at the marriage, must begin proceedings within one year of the marriage, and must not have consented to marital intercourse after discovering the ground.
Option feedback
Option A
The facts supply a statutory ground for a decree annulling a voidable marriage and meet the applicable conditions for entertaining the petition.
Option B
Pregnancy by another person at the marriage is a voidability ground under Section 12, outside the void-marriage grounds in Section 11.
Option C
The Act permits annulment on the stated facts. The marriage can remain effective unless annulled.
Option D
A court decree can annul the marriage. Filing alone does not change its status.
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