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[Cites 0, Cited by 44] [Section 12] [Entire Act]

Union of India - Subsection

Section 12(2) in The Hindu Marriage Act, 1955

(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.