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At her wedding under the Hindu Marriage Act, 1955, a woman is pregnant by someone other than her…

Section 12(1)(d) makes the marriage voidable if the respondent was pregnant by someone other than the petitioner at the time of marriage. Section 12(2)(b) requires ignorance…

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At her wedding under the Hindu Marriage Act, 1955, a woman is pregnant by someone other than her husband. He does not know this at the wedding. He petitions within one year of the marriage and has not consented to marital intercourse since discovering the pregnancy. What relief may he seek on these facts?

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Answer and explanation

Correct answer C

Section 12(1)(d) makes the marriage voidable if the respondent was pregnant by someone other than the petitioner at the time of marriage. Section 12(2)(b) requires ignorance at marriage, proceedings within one year for a marriage under the Act, and no marital intercourse with the petitioner’s consent after the petitioner discovered the ground. The husband can seek a decree of nullity on the stated facts.

Option feedback

Option A

Pregnancy by another person at the wedding is a section 12 voidable ground.

Option B

Section 12 provides annulment for this ground.

Option C

Section 12(1)(d) supplies this ground and the facts satisfy the conditions in section 12(2)(b).

Option D

Section 12 expressly provides a remedy on these facts.

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