voidable marriage can be avoided only on the petition of one of the parties to

marriage. if one of the parties does not file petition for annulment of marriage
the marriage will remain valid. Section 12 of the Hindu Marriage ACt, 1955 deals
with voidable marriages. The grounds for voidable marriages are under section
12(1):-
i. IMPOTENCY:- it means inability to perform sexual act or to consummate the
marriage. it can either be physical or mental. if importance e can be issued by
medical treatment of surgery it would not amount to impotency unless the respondent
refused to undergo treatment. in Rajinder Vs Shanti, a person who is capable of
consummation of marriage naturally or after surgical operation cannot be called
impotent as the consummation of marriage is possible.
ii. section 5(ii) of this act, respondent at the time of the marriage neither party
is incapable of giving valid consent to it in
consequence of unsoundness of mind or though capable of giving consent has been
suffering from mental disorder to such an extent as to be unfit for marriage and
the procreation of children or has been subject to recurrent attacks of insanity or
epilepsy;

iii. when consent of the petitioner is obtained by force or fraud:- the consent to
the marriage contract was obtained either by fraud or force, then
there are grounds for an annulment. there is no definition of force in HMA 1955. it
is a kind of some natural weakness of mind call on account of some fear, or a party
is in such a mental state when he finds it impossible to resist the pressure.
coercion and undue influence are included in it. in REENA V. ANIL CHOUBEY, the wife
was below the age of 18 at the time of marriage and the marriage was contracted
under coercion and threat to life. it was held that only a minor spouse has a right
to seek annulment and husband who was major,he cannot.

Fraud is simply not telling the truth in order to induce the other party to enter
into the marriage contract. it is not every misrepresentation or concealment. the
fraud relates to:-
1. Nature of ceremony: it means when in the mind of innocent party there is some
other ceremony but his or her marriage is performed. so that innocent party can
make the marriage voidable. in SHIREEN V. TAYLOR, the marriage was done without the
intention on the part of husband and it was declared and held at the instance of
wife. in FORD V. STIER, I am girl of 17 years was meet 200 a ceremony of betrothal
but her marriage was done with the respondent who was the friend of her brother. it
amount to fraud.
under section 12(2), a petition for nullity must be filed within one year of the
discovery of fraud or force.
2. any material fact or circumstance relating to respondent:- it is that
concealment which when disposed off would disturb the fundamental base of marriage.
it includes party's concealment of:
..identity: marriage can be annulled on the mistaken identity of a party to
marriage.
..disease or deformity: concealment of non curable disease such as cancer or AIDS
can lead to make marriage voidable.
..religion or caste: in BIMLA V. SHANKER LAL, mis representation as to caste was
held sufficient to declare the marriage annulled.
.. unchastity
.. illegitimacy: when in any case the boy or girl is not aware of past unchastity
of each other.
..pre marriage: it includes fraudulent representation is made at the time of
marriage. it include concealment of Pre marriage status, age and financial status
and nature of employment.

iv. concealment of Pre marriage pregnancy:- the requirements of this ground are:-
i. the respondent was pregnant at the time of marriage
ii. she was pregnant from the person other than petitioner
iii. the petitioner was ignorant about respondent's pregnancy
the burden of proof is on the petitioner who alleges the pre marriage pregnancy of
the wife.a decree can only be passed when all these conditions are fulfilled. in
MAYA RAM V. KAMLA DEVI, where wife delivered child within 6 months of marriage and
refused DNA test. husband also proved that he had no access to her and was entitled
to decree.
if in a case the petitioner came to know about pre marriage pregnancy and accept
the respondent the petition is not maintainable as it amount to condonation under
section 12(2).