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How does the Hindu Marriage Act, 1955 classify a marriage solemnised in contravention of the…

Section 12(1)(b) makes a marriage voidable if it contravenes Section 5(ii). Section 5(ii) covers inability to give valid consent because of unsoundness of mind, a mental…

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How does the Hindu Marriage Act, 1955 classify a marriage solemnised in contravention of the mental-capacity conditions in Section 5(ii)?

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Correct answer C

Section 12(1)(b) makes a marriage voidable if it contravenes Section 5(ii). Section 5(ii) covers inability to give valid consent because of unsoundness of mind, a mental disorder of the specified kind or extent, or recurrent attacks of insanity. The marriage remains in force unless it is annulled by a decree of nullity.

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Option A

Section 12(1)(b) expressly makes annulment available for contravention of Section 5(ii).

Option B

Section 11 does not list Section 5(ii) as a ground of voidness.

Option C

Section 12(1)(b) makes contravention of Section 5(ii) a ground to annul a voidable marriage.

Option D

Section 12(1)(b) makes the marriage voidable. It does not require the spouses to ratify it.

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