nullity under Section 12 of Hindu Marriage Act. A party to the marriage can
seek annulment of marriage under Section 12 of Hindu Marriage ... consummation of the marriage owing to the impotence of the petitioner
under Section 12(1) (a) of the said Act. As rightly observed
12 words clearly defnes of void marriage and
voidable marriage given. The section of Hindu Marriage Act,
1955 , 5(B) read with section 12 ... expert opinion is necessary to adjudicate main issue as per
section 11 and 12 . It would be just and proper to refer the
respondent / husband
nullity under Section 12 of Hindu Marriage Act. A party to the marriage can
seek annulment of marriage under Section 12 of Hindu Marriage ... consummation of the marriage owing to the impotence of the petitioner
under Section 12(1) (a) of the said Act. As rightly observed
also state that the facts pleaded before the
Family Court under Section 12(1)(a) of the Hindu Marriage Act cannot ... different from claiming to be
impotence. Having the respondent / husband choose to invoke a petition
under Section 12(1)(a) on the ground that
ground under Section 12(1)(a) of the Hindu Marriage Act
seeking annulment on the ground of impotency of the respondent, the
petition clearly lacks ... ground for seeking annulment on the basis of his impotency as is
contemplated under Section 12(1)(a) which reads thus
12. Voidable marriages
appellant/petitioner under
Order 12 Rule 6 CPC . The appellant/petitioner had preferred a petition
under Section 12(1)(a) of the Hindu Marriage ... Principal Judge to pass the decree of nullity of marriage under
Section 12(1)(a) of the Hindu Marriage Act.
6. Today, learned counsel
terms of Section 12(1) (a) of the Hindu
Marriage Act on the ground that appellant-husband being physically
incapable and impotent.
This Court vide ... wife was restrained from
contracting another marriage in terms of provision of Section 15 of the
Act.
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facility of reference, we reproduce the relevant provisions contained in Sections 5(iii) , 11 , 12 and 18 of the Hindu Marriage ... conditions specified in clauses (i), (iv) and (v) of Section 5 .
12. Voidable marriages.- (1) Any marriage solemnized, whether before or after the commencement
Kathiresan vs Gowri on 3 August, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.R
12, P.W.19 and recorded
their statements. After completion of investigation, she has filed the report
against the accused for the offence under Section ... prove the charge under Section 5 of POCSO Act. As per the Amendment
Act, the offence under Section 5 of POCSO Act attracts punishment
