HMA is
concerned, the appellant would be remediless.
12. Sections 12 and 13 of the HMA deal with distinct causes of action.
The nature ... ipsi dixit of the
respondent. Secondly, a reading of Section 12(1)(a) and Section 12(2)
shows that the ground of impotence
learned counsel
that admittedly, this section does not include Clause (iii) of section 5 of
HMA. Even under Section 12 of HMA, the marriage shall ... declaration of marriage void / voidable under Section 5 r/w
Sections 11 and 12 of HMA. After the establishment of the Family
Court, this civil
Section 5 void, but not marriages held in violation of clause (iii) of Section 5 . Sub-section (1) of Section 12 , spells out contingencies, where ... seek annulment. Clause (b) of sub-section (1) of Section 12 specifies clause (ii) of Section 5 as one carrying a condition, the contravention whereof
Section 12 in its entirety makes it very clear that the
violation of sub clause (iii) of Section 5 is conspicuously absent in Section 12 ... punishable under Section 18 of the Hindu Marriage Act.
12. Further Section 13(2)(iv) of HMA enables a wife to petition for
desolution
days. Initially, the suit was instituted under Section 12 (2) of the HMA. Later, upon amendment being allowed, direct relief was claimed under Section ... filed thereafter for the declaration sought. Then, conditions prescribed under section 12(2) of HMA have been found, not fulfilled. Also, the suit has been
petition filed by the petitioner no. 1 under
Section 12 of the HMA seeking a decree of nullity of the marriage
solemnized between the petitioner ... their marriage was annulled by a decree of
nullity under Section 12 of the HMA.
h. Thereafter, the petitioner no. 1, in anticipation
income and property status is
fraud within the meaning of Section 12 of HMA. In the case in
hand, it is admitted fact that ... about the
income amounts to fraud within the meaning of Section 12 of HMA.
The petitioner is entitled to a decree of nullity on this
petition barred under section 12 (2) (a) (ii) of the HMA?
28. Section 12 (2)(a) of the HMA reads: -
(2) Notwithstanding anything contained ... exception if the
specific conditions spelt out in sub-section (2) of Section
12 are satisfied. An analysis of this provision relevant to
clause
whereby the application
filed by the appellant/husband under Section 12(1)(c) of HMA has been
Signature Not Verified
Signed by: REENA JOSEPH
Signing ... concerning the respondent; or"
12. From perusal of the sub clause (c) of Section 12(1) of HMA it
is apparent that when consent
nullity. The appellant thus, sought annulment
of marriage under Section 12(1)(c) of HMA.
5. The respondent was duly served through summons ... past conduct of the respondent except what is
mentioned in Section 12 of the HMA, should become a ground for
dissolution of marriage.
16. Similarly
