HINDU MARRIAGE ACT 1956

THIS SECOND PART OF THE ACT DEALS WITH VOID AND VOIDABLE MARRIAGES AND MUTUAL DIVORCE AND ALTERNATE A RELIEF IN DIVORCE AND WHEN TO FILE A CASE IN THE COURT AND WHEN TO REMARRY AGAIN. 1.VOID MARRIAGES :- A MARRIAGE WHICH TOOK PLACE AGAINST TO THE PROVISIONS OF SEC.5 [i],[iv]AND [v] ARE NULL AND VOID. SEC.5[i] SAYS THAT WHEN AT THE TIME OF MARRIAGE, ANY SPOUSE WHETHER BRIDE OR BRIDEGROOM HAS A LIVING WIFE OR HUSBAND, THAT MARRIAGE IS NULL AND VOID. SEC.5[iv] SAYS THAT WHEN THE PARTIES ARE WITHIN THE PROHIBITED DEGREE RELATIONSHIP UNLESS THE CUSTOM OR USAGE GOVERNING EACH OF THEM PERMITS BETWEEN THE TWO, THE MARRIAGE IS NULL AND VOID. SEC.5[v] WHEN THE SPOUSES ARE SAPINDAS OF EACH OTHER, UNLESS THE CUSTOM OR USAGE PERMITS, THE MARRIAGE IS NULL AND VOID.MAY ON A PETITION BY EITHER PARTY THERETO AGAINST THE OTHER PARTY , THE MARRIAGE BE DECLARED BY A DECREE OF NULLITY. 2.VOIDABLE MARRIAGES :-SEC.12 [1] DEALS WITH THE MARRIAGES THAT ARE VOIDABLE AND ANNULLED [A] WHEN THE MARRIAGE IS NOT CONSUMATED DUE TO IMPOTENCY OF THE OTHER OR [B] WHEN THE MARRIAGE TOOK PLACE AGAINST TO SEC.5[ii] [a] AT THE TIME OF MARRIAGE NEITHER PARTY IS INCAPABLE OF GIVING VALID CONSENT DUE TO UNSOUND MIND OR [b] THOUGH CAPABLE OF GIVING CONSENT , UNFIT FOR MARRIAGE AND BEARING OF CHILDREN OR [c] HAS BEEN SUBJECT TO RECURRENT ATTACKS OF INSANITY OR EPILEPSY OR [C] WHEN THE CONSENT OF THE MINOR PETITIONER OR PARENTS OR GUARDIAN BY FORCE OR CONSENT OBTAINED BY PLAYING FRAUD AS TO THE NATURE OF THE CEREMONY OR AS TO ANY MATERIAL FACT OR CIRCUMSTANCE CONCERNING THE RESPONDENT OR [D] THAT THE RESPONDENT WAS AT THE TIME OF THE MARRIAGE,PREGNANT BY SOME PERSON OTHER THAN THE PETITIONER.SEC.12[2] DEALS WITH EXCEPTIONS SAYING THAT[a] [i]NO PETITION SHOULD BE FILED AFTER ONE YEAR AFTER CEASING OF FORCE OR DISCOVERY OF FRAUD AS STATED IN [C] OR [a] [ii]. THE PETITIONER WITH HIS FULL CONSENT LIVED WITH RESPONDENT EVEN AFTER DETECTING FRAUD AND CEASING OF FORCE OR [b][i]. ON THE GROUND OF [D] OF [1] PREGNANT , THE PETITIONER IS AN IGNORANT OF FACT AND HE OUGHT TO HAVE FILED A PETITION WITHIN ONE YEAR FROM THE DATE OF MARRIAGE AS PER [b][ii] AND NO MARITAL INTERCOURSE WAS TAKEN PLACE BETWEEN THEM AFTER THE DISCOVERY OF PREGNANCY.3 ALTERNATIVE RELIEF :- SEC.13 A DEALS WITH ALTERNATIVE RELIEF IN DIVORCE PROCEEDINGS. IF THE COURT SATISFY THAT THERE IS NO NEED TO GIVE DIVORCE, IT CAN GRANT JUDICIAL SEPARATION .4.MUTUAL DIVORCE :- SEC.13B DEALS WITH MUTUAL CONSENT DIVORCE [1] SAYS THAT SUBJECT TO THE PROVISIONS OF THIS ACT, WHEN BOTH PARTIES PRESENTED A PETITION BY SAYING THAT THEY ARE LIVING SEPARATELY FOR MORE THAN ONE YEAR FROM THE DATE OF MARRIAGE AND THAT THEY ARE NOT ABLE TO LIVE TOGETHER AND THAT THEY HAVE AGREED MUTUALLY FOR DISSOLVE OF THE MARRIAGE AND [2] AFTER 6 MONTHS BEFORE 18 MONTHS, IF THE PETITION IS NOT WITHDRAWN, THE COURT MAY ON HEARING BOTH PARTIES CAN GRANT DIVORCE 5. NO PETITION SHOULD BE FILED WITHINONE YEAR OF MARRIAGE:-SEC.14[1]. WITHOUT CONSENT OF THE COURT NO PETITION SHOULD BE FILED WITHIN ONE YEAR FROM THE DATE OF MARRIAGE EXCEPT IN EXCEPTIONAL CASES AND AS PER [2] COURT HAS TO CONSIDER THE CHILDREN IF ANY AND POSSIBILITY OF RECONCILIATION BEFORE EXPIRE OF ONE YEAR.6. sec.15 deals with when to remarry- when there is no appeal is presented with in the time and even presented is dismissed or when there is no right of appeal after dissolving the marriage by divorce decree, it shall be lawful for either party to the marriage to marry again.