In a marriage governed by the Hindu Marriage Act, 1955, the respondent was pregnant by someone other…
Section 12(1)(d) allows annulment when the respondent was pregnant by someone other than the petitioner at the time of marriage. For a marriage solemnised after the Act…
Choose your answer
In a marriage governed by the Hindu Marriage Act, 1955, the respondent was pregnant by someone other than the petitioner at the time of marriage. Assuming the conditions in section 12(2)(b) are met, what is the legal effect under section 12(1)(d)?
Answer and explanation
Correct answer B
Section 12(1)(d) allows annulment when the respondent was pregnant by someone other than the petitioner at the time of marriage. For a marriage solemnised after the Act commenced, section 12(2)(b) requires ignorance at marriage, filing within one year of marriage, and no marital intercourse with the petitioner’s consent after discovery.
Option feedback
Option A
Section 12(1)(d) expressly makes the stated pregnancy a ground for annulment.
Option B
The provision makes the marriage voidable, and the court can annul it by a decree of nullity.
Option C
This is a section 12 ground for voidability, outside the grounds of voidness in section 11.
Option D
Discovery does not itself end the marriage; a petition and a decree are required.
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