Under Section 12(1)(a) of the Hindu Marriage Act, 1955, a marriage with a eunuch that has not been…

Under Section 12(1)(a) of the Hindu Marriage Act, 1955, a marriage is voidable and may be annulled by a decree of nullity if the marriage has not been consummated owing to the impotence of the respondent. In Hindu matrimonial jurisprudence (as explained in Paramasami Pillai v. Sornathammal, AIR 1969 Mad 124, and standard treatises such as Paras Diwan's Modern Hindu Law), a marriage with a eunuch who is incapable of consummating the marriage is equated with impotency and is therefore voidable at the option of the aggrieved spouse under Section 12(1)(a), rather than void ab initio under Section 11.