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Under the Hindu Marriage Act, 1955, how is a marriage classified if a party’s condition at the time of…

Under Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955, a marriage is voidable (not void) and may be annulled by a decree of nullity if, at the time…

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Under the Hindu Marriage Act, 1955, how is a marriage classified if a party’s condition at the time of marriage contravened section 5(ii)?

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Correct answer C

Under Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955, a marriage is voidable (not void) and may be annulled by a decree of nullity if, at the time of the marriage, either party: (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity.

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Option A

Section 12(1)(b) allows a petition for a decree of nullity on this ground.

Option B

Section 11 applies to the conditions in section 5(i), (iv) and (v).

Option C

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

Option D

Discovery alone does not terminate the marriage. The statutory remedy is annulment by decree.

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