Top 3 Questions on Puberty and Impotency in a Hindu Marriage

Under Hindu law, marriage is a sacrament. Here are some interesting questions that you may have pertaining to Hindu marriage and divorce.

If a Hindu wife gave false particulars in her bio-data and the marriage was finalized on the basis of these details, can the aggrieved husband get the marriage annulled? On what ground can the aggrieved party file for divorce?

Fraud, as defined under section 12 of the Hindu Marriage Act 1955 has the same meaning as given under the Indian Contract Act. This means that if a husband or wife does not disclose an essential fact or gives false facts in the bio-data, the marriage can be annulled. Suppose the bride was suffering from a venereal disease prior to marriage and does not disclose this fact, the marriage can be annulled after the marriage once it can be proved that the act of omission amounted to fraud. To answer this specific question, fraud is the ground on which the aggrieved party can file for annulling the marriage.

Can a Hindu wife be considered 'impotent' if she got married before she attained puberty?

A Hindu marriage can be declared voidable if the wife is impotent. Physical impotency relates to the body's structural defects whereas mental impotency refers to psychological aversion to the sexual act.  However, a woman who has not attained puberty need not be held impotent simply because she got married before she attained puberty. That is not a pre-requisite to consummate a marriage.

Can Marriage with a Eunuch be a Normal Hindu Marriage with legal validity?

No, the marriage can be annulled.  Marriage with a eunuch is like marrying an impotent person and has no legal hurdles to prevent it from being annulled by a court of law.