Source: Allahabad High Court 

Why in News? 

• Recently, the Allahabad High Court in the matter of X v. Y has held that under Section 12 of the Hindu Marriage act, 1955 (HMA) the phrase “material fact” includes any fact which is necessary for obtaining consent for marriage if concealed then it can be a ground to declare a marriage voidable. 

What was the Background of X v. Y Case? 

• In the present case, the husband (respondent) and the wife (appellant) married each other in the year 1995. 
• The husband filed the petition for declaring the marriage null and void under Section 12 of the HMA, 1955 as  
  • It was alleged that a man came to him and informed about his wedding with the appellant in the year 1992. Later it was dissolved by an agreement between the two. 
  • It was further alleged that the appellant did not inform him about her first wedding. 
  • It was alleged that this wedding of appellant and respondent is based on concealment of facts. 
• The Family court allowed the application of the respondent and declared the marriage null and void. 
• Aggrieved by the decision of the Family court the present appeal has been filed by the wife under Section 28 of the HMA before the Allahabad High Court as 
  • It was argued by the wife that the application filed by the husband is because the dowry demand has not been fulfilled. 
  • It was further argued that the husband was already informed about her first marriage. 

What were the Court’s Observations? 

• The Allahabad High Court observed that 
  • The appellant and her mother in their statement made it clear that the respondent and his family inquired about the appellant before marriage and were aware about her first marriage. 
  • The appellant then admitted that she informed the respondent about her first marriage at the time of her vidaai so that marriage could be solemnized. 
  • There was no court decree to show that the first marriage of the appellant was dissolved. 
• The Allahabad High Court, therefore, held that 
  • The Findings of the lower court were correct. 
  • The appellant did not inform the respondent about her first marriage. 
  • The appellant failed to produce any evidence for her dissolved marriage. 
  • The marriage was null and void.

What is Voidable Marriage? 

• A marriage which can be annulled or avoided at the option of one or both the parties is known as voidable marriages. 
• A voidable marriage remains valid and binding and continues to subsist for all purposes, unless a decree is passed by the court annulling the same on any of the grounds mentioned in Section 12 of HMA. 

Section 12 of HMA 

• Section 12 of HMA envisages provision for voidable marriage as: 
  • A voidable marriage is a valid marriage until it is avoided, and it can only be done if one of the parties to the marriage files a petition for the same. 
  • However, if any of the parties do not file a petition for the annulment of the marriage, it will remain valid. 
  • The parties have the status of a husband and a wife, and their children are considered to be legitimate. All the other rights and obligations of the spouses remain intact. 
• Clause (ii) of Section 5 of HMA if not complied with makes a marriage voidable. 
• Section12 of the Hindu marriage Act further mentions following grounds on which marriage can be declare as voidable: 
  • If the marriage has not been consummated because of impotency of the respondent. 
  • If either of the parties to the marriage is incapable of giving consent or has been subject to recurrent attacks of insanity. 
  • If the consent of the petitioner or the consent of the guardian of the petitioner has been obtained by force or fraud. 
  • If the respondent was pregnant before the marriage by some other person than the petitioner.