Voidable Marriage Under the Hindu Marriage Act, 1955

Introduction 

The Hindu Marriage Act, 1955 allows for the idea of voidable marriages to protect the rights of married people. Unlike void marriages, which are invalid from the start, a voidable marriage is considered valid and continues to exist until a court cancels it through an official annulment order. Section 12 of the Act explains the situations in which a marriage can be challenged and legally annulled by someone affected. 

What is a Voidable Marriage? 

• A voidable marriage is a marriage that is legally valid but can be cancelled by one or both spouses if they choose to. It does not become invalid on its own; it stays legally binding until a court formally annuls it. Until that happens, the husband and wife have all the usual rights and responsibilities. 
• The main difference between void and voidable marriages is their legal status. A void marriage is invalid from the very beginning and doesn’t need a court order to confirm this. A voidable marriage, however, is fully valid unless a court cancels it. During a voidable marriage, any children born are considered legitimate, and both spouses continue to enjoy all marital rights. 

Grounds for Voidable Marriage 

• Non-consummation due to Impotence: A marriage can be annulled if it has not been consummated because one spouse is permanently unable to have sexual intercourse. This requires medical or other strong evidence and must relate to the spouse’s condition at the time of marriage or afterward. 
• Violation of Conditions under Section 5: If the marriage violates the legal conditions set out in Section 5 (such as age, mental capacity, or other eligibility requirements), it can be declared voidable. 
• Lack of Genuine Consent: If a person’s consent (or the guardian’s consent, where needed) was obtained through force or fraud, the marriage is voidable. Fraud can relate to the ceremony itself or important facts about the spouse. This protects people from being forced or deceived into marriage. 
• Respondent’s Pre-marital Pregnancy: If one spouse was already pregnant by someone else at the time of marriage, and the other spouse was unaware, the marriage can be annulled. 

Conditions and Limitations 

• While Section 12 provides grounds for annulment, Section 12(2) imposes important restrictions that limit the availability of these remedies. For grounds based on lack of consent, the petition must be filed within one year from the date the force ceased to operate or the fraud was discovered.  
• Additionally, if the petitioner has voluntarily cohabited with the respondent as husband and wife after the force ceased or the fraud was discovered, the right to petition is forfeited. 
• For the ground of pre-marital pregnancy, the court can only entertain the petition if the petitioner was ignorant of the facts at the time of marriage and the petition is filed within one year of the marriage.  
• Crucially, if the petitioner has engaged in marital intercourse with the respondent's consent after discovering the pregnancy, the right to seek annulment is lost. 

Effect of Voidable Marriage 

• Until the court issues an annulment decree, a voidable marriage is treated as fully valid in the eyes of the law. Both spouses enjoy all the rights and responsibilities of a married couple. They have the legal status of husband and wife, can inherit property from each other, and their children are considered legitimate. Such a marriage also carries all the usual marital rights and duties, including cohabitation, maintenance, succession, and social recognition. The couple is entitled to all legal benefits that arise out of a valid marital relationship. 
• However, once the court grants a decree of annulment, the marriage is regarded as void ab initio—that is, invalid from the very start. This means that, legally, it is treated as though the marriage never existed. After annulment, the parties cease to have any marital relationship, and all rights and obligations between them come to an end. They are free to remarry, and any legal claims based on the marriage, such as inheritance or maintenance, also come to a close. 
• Importantly, even after annulment, children born from a voidable marriage before the decree remain legitimate under Section 16 of the Hindu Marriage Act, ensuring their rights are not affected by the dissolution of the marriage. 

Conclusion 

The idea of voidable marriage under the Hindu Marriage Act shows that the law recognizes some marriages may have serious defects even if they were valid at the start. Section 12 provides clear grounds and procedures so that people are not forced to remain in marriages affected by impotence, lack of genuine consent, or important hidden facts about their spouse.