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At the time of solemnisation of an otherwise valid Hindu marriage, one party is incapable of giving…

Section 5(ii)(a) requires each party to be capable of giving valid consent at the time of marriage. A marriage that contravenes that condition is voidable under section…

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At the time of solemnisation of an otherwise valid Hindu marriage, one party is incapable of giving valid consent because of unsoundness of mind. What is the effect of that incapacity under the Hindu Marriage Act, 1955?

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Answer and explanation

Correct answer C

Section 5(ii)(a) requires each party to be capable of giving valid consent at the time of marriage. A marriage that contravenes that condition is voidable under section 12(1)(b) and can be annulled by a decree of nullity.

Option feedback

Option A

Section 12(1)(b) allows annulment when section 5(ii) is contravened.

Option B

Section 12(1)(b) provides for a decree of nullity, rather than automatic dissolution.

Option C

A contravention of section 5(ii)(a) makes the marriage voidable under section 12(1)(b).

Option D

Section 11 lists the section 5 conditions that make a marriage void. Section 5(ii) is outside that list.

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