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
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
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
appellant withdrew her petition under Section 9 of the
HMA, being HMA No. 2138/2023, on 04.03.2025, with liberty in the
following terms ... file another petition under
Section 9 of the HMA, being HMA No. 274/2025. She also filed an
application under Section 10 of the Family
contravention of clause (iii) of section 5 of the HMA is
not void. But, by virtue of section 12 of the Prohibition of Child Marriage ... section 5 of the HMA is not ipso facto void but could be void if any of the
circumstances enumerated in section 12
seeking a decree of nullity of
marriage under Section 12(1)(a) and (c) of the HMA, on two grounds, that
the marriage could ... Statement to the original
petition filed by the Respondent under Section 12 of the HMA. Thus, the
nature and the extent of allegations made
which the
petition of the respondent/wife under section 12(1)(a) of the HMA has been
decreed and the marriage between the parties ... learned Additional District Judge decreed the
petition under section 12(1)(a) of the HMA.
8. Aggrieved with the same, present appeal is filed
denied
4. Section 9 of Hindu Marriage Act 11-12
5. Inter-relation between Section 9 HMA 12-19
and Section ... withdrawn from the society.]"
INTER-RELATION BETWEEN SECTION 9 HMA AND
SECTION 125 CR.P.C.
21. A reading of both the statutes will
