Annulment of Marriage

A Hindu marriage can be declared null and void if:

  • A party has a spouse living at the time of the marriage;
  • The parties are within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  • The parties are sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;


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A Hindu marriage shall be voidable and can be annulled if:

  • the marriage has not been consummated owing to the impotency of the respondent;
  • at the time of the marriage, either party,- (a) is incapable of giving a valid consent of 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;
  • the respondent was at the time of the marriage pregnant by some person other than the petitioner.
  • the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent;

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