Section 12 in HMA 1955:

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

(a) that the marriage has not been consummated owing to the impotence of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

(c) that 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; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2)Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage

(a)on the ground specified in clause (c) of sub-section (1) shall be entertained if

(i)the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

(ii)the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b)on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied

• (i)that the petitioner was at the time of the marriage ignorant of the facts alleged;
• (ii)that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
• (iii)that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

Section 12 of the Hindu Marriage Act, 1955 deals with voidable marriages and allows a husband or wife to seek a decree of nullity from a competent court on specified legal grounds. Unlike a void marriage under Section 11, a voidable marriage generally continues to be legally recognised until the court annuls it.

Grounds for Annulment

Under Section 12(1), a marriage may be annulled on the following grounds:

1. Non-consummation due to impotence: The marriage has not been consummated because of the respondent’s impotence.
2. Contravention of Section 5(ii): The marriage violates the statutory mental-capacity conditions prescribed by the Act.
3. Consent obtained by force or fraud: Consent was obtained by force or fraud concerning the nature of the marriage ceremony or a material fact or circumstance relating to the respondent.
4. Pregnancy by another person: The respondent was pregnant by someone other than the petitioner at the time of marriage.

Section 12 also prescribes restrictions on filing petitions. For example, a petition based on force or fraud generally cannot be entertained if filed more than one year after the force ceased or the fraud was discovered. Voluntary marital cohabitation after that point can also affect eligibility. Additional statutory conditions apply to petitions based on pregnancy by another person.

Important Judgments on Section 12

1. Yuvraj Digvijay Singh v. Yuvrani Pratap Kumari (1969)

The Supreme Court examined non-consummation and impotence under Section 12. The case is important for understanding that failure to consummate a marriage does not, by itself, establish the statutory ground of impotence.

2. R. Lakshmi Narayan v. Santhi (2001)

The Supreme Court clarified the requirements for annulment under Section 12(1)(b), read with Section 5(ii). A mental disorder must satisfy the statutory test; merely establishing a history of mental illness is insufficient.

3. Smt. Renu Singh v. Brijendra Singh (2017)

The court explained that force or fraud under Section 12(1)(c) must relate to the nature of the marriage ceremony or a material fact or circumstance concerning the respondent. Every misrepresentation does not automatically constitute matrimonial fraud.