Grounds for Declaring Nullity in a Hindu Marriage

Under old laws, a Hindu marriage could be declared null and void if the religious ceremony of the saptapadi was not complied with or if it was an inter caste marriage or a sagotra marriage. The new Act brought forth some path breaking changes that grants nullity of marriage on different grounds compared to the old laws.

Grounds for Nullity Proceedings in a Hindu Marriage

• If a marriage has not been consummated due to impotence of either party.
• If the bride was pregnant at the time of the marriage by some person other than the bridegroom and the latter was not aware of it at the time of the marriage. If the bridegroom knew of this before the marriage, the marriage cannot be nullified.
• If the consent of one of the parties to the marriage was obtained by fraud or force.

Three Interesting Cases

• In Shewanti v Bhaura AIR 1971 MP 168, it was held that sterility or barrenness cannot be equated with impotency if the marriage has been consummated.
• In Samar Sam v Sadhaha AIR 1975 Cal 413, it was held that the removal of the wife’s uterus before marriage does not become a valid cause for annulment of a marriage on the ground of impotency.
• In Rajinder Singh v Smt Pomilla, AIR 1987 Del 285, it was held that concealment of the bride’s age by falsely representing that she is younger than the husband when she was actually seven years older than him, amounts to fraud and the marriage can be annulled.