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
judgment read as under:-
"7. Hence, by Sub- Section 2 of Section 2 of HMA,
Hindu Marriage Act is not applicable to the
members ... Section 2 of sub-section (2) of
HMA, the present petition filed by the petitioner
seeking decree of dissolution of marriage under
HMA
compromise, respondent No. 2 has withdrawn
petition u/s 12 of the PWDV Act as also Section 125 , Cr.P.C. before the
Court ... Sanjay, Judicial Magistrate, Chandigarh. Besides divorce
petition u/s 12(1) ( c ) & 13(1)9ia) HMA filed against respondent No. 2 has
also been
Section 13(1A)(ii)
of HMA.
The counsel for the appellant further argued that the parties are
living separately for the last about 12 years ... allowed and the petition filed by the respondent under
Section 9 of HMA deserves to be dismissed.
On the other hand, the counsel
present appeal under section 28 of the Hindu Marriage Act, 1955
(hereinafter referred to as "HMA") assails the judgement dated 21.11.2019
passed ... application under Section 24 of the HMA by holding
that since she had already been awarded maintenance under Section 12 of
the Protection of Women
1428/2017 preferred by the
appellant/ petitioner under Section 12(1)(a)(d) of the Hindu Marriage Act,
1955 against the respondent ... sought annulment
of his marriage with the respondent under Section 12 of the
HMA. The petitioner is aggrieved by the act of respondent in
getting
section 5 in Section 11 itself. Only clauses (i), (iv) and (v) of
section 5 are specifically mentioned in section 11 . The only
conclusion ... marriages specified in section 11 of the
HMA nor does it fall in the category of voidable marriages
specified in section 12 . Consequently
section 5 in Section 11 itself. Only clauses (i), (iv) and (v) of
section 5 are specifically mentioned in section 11 . The only
conclusion ... marriages specified in section 11 of the
HMA nor does it fall in the category of voidable marriages
specified in section 12 . Consequently
section 5 in Section 11 itself. Only clauses (i), (iv) and (v) of
section 5 are specifically mentioned in section 11 . The only
conclusion ... marriages specified in section 11 of the
HMA nor does it fall in the category of voidable marriages
specified in section 12 . Consequently
under Section 125 CrPC and COMA
No.2483 of 2021 under Section 12 of the DV Act are already pending at
Bathinda. Learned counsel ... transfer of the cases filed by the wife under Section 125 CrPC
and Section 12 of the DV Act from Bathinda to Ludhiana.
Learned counsel
