Under section 12(2)(a) of the Hindu Marriage Act, 1955, what is the outer filing period after discovery…
Section 12(2)(a) bars a fraud-based annulment petition presented more than one year after discovery. It also bars the petition if, after discovery, the petitioner with full…
Choose your answer
Under section 12(2)(a) of the Hindu Marriage Act, 1955, what is the outer filing period after discovery of the relevant fraud for annulment on that ground, assuming no subsequent full-consent marital cohabitation?
Answer and explanation
Correct answer A
Section 12(2)(a) bars a fraud-based annulment petition presented more than one year after discovery. It also bars the petition if, after discovery, the petitioner with full consent lived with the other party as husband or wife. The relevant fraud is that described in section 12(1)(c).
Option feedback
Option A
A petition presented more than one year after discovery cannot be entertained.
Option B
Six months is not the prescribed outer period.
Option C
The rule uses discovery, not a two-year period from the fraudulent incident.
Option D
Fourteen months exceeds the one-year outer period.
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