GST Law - Meaning and Scope of SUPPLY under GST Law

GST Law - Meaning and Scope of SUPPLY under GST Law

Hindu Law - Guardianship under Hindu Law

Guardianship under Hindu Law

By:

Vijay Sardana

Twitter - @vijaysardana

The Dharmashastras did not deal with the law of guardianship.

Guardians may be of the following types:

1. Natural guardians,

2. Testamentary guardians, and

3. Guardians appointed or declared by the court.

There are two other types of guardians, existing under Hindu law,

(i)   de facto guardians, and

(ii)  guardians by affinity.

Natural Guardian : During the British regime the law of guardianship was developed by the courts. It came to be established that the father is the natural guardian of the children and after his death, mother is the natural guardian of the children and none else can be the natural guardian of minor children.

Testamentary guardians were also introduced in Hindu law: It was also accepted that the supreme guardianship of the minor children vested in the State as Parens Patriae and was exercised by the courts. Parens Patriae. [Latin, Parent of the country.] A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.

The Hindu law of guardianship of minor children has been codified and reformed by the Hindu Minority and Guardianship Act, 1956. The subject may be discussed under the following heads:

1. Guardianship of person of minors,

2. Guardianship of the property of minors, and

3. De facto guardians, and

4. Guardians by affinity.

Guardianship of the person

Minor Children:

Under the Hindu Minority and Guardianship Act, 1956, Section 4(b), minor means a person who has not completed the age of eighteen years. A minor is considered to be a person who is physically and intellectually imperfect and immature and hence needs someone's protection. In the modern law of most countries the childhood is accorded protection in multifarious ways.

Guardian is "a person having the care of the person of the minor or of his property or both person and property." It may be emphasized that in the modern law guardians exist essentially for the protection and care of the child and to look after its welfare. This is expressed by saying that welfare of the child is paramount consideration. Welfare includes both physical and moral well-being.

Natural Guardians

In Hindu law only three persons are recognized as natural guardians father, mother and husband, Father. “Father is the natural guardian of his minor legitimate children, sons and daughters." Section 19 of the Guardians and Wards Act, 1890, lays down that a father cannot be deprived of the natural guardianship of his minor children unless he has been found unfit.

Me effect of Lh1s provision has been considerably whittled down by judicial decisions and by Section 13 of the Hindu Minority and Guardianship Act which lays down that welfare of the minor is of paramount consideration and father's right of guardianship is subordinate to the welfare of the child.

The Act does not recognize the principle of joint guardians.

The position of adopted children is at par with natural-born children. The mother is the natural guardian of the minor illegitimate children even if the father is alive. However, she is the natural guardian of her minor legitimate children only if the father is dead or otherwise is incapable of acting as guardian.

The Hindu Minority and Guardianship Act, 1956,

Section 6 - Natural guardians of a Hindu minor :

The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are –

- in the case of a boy or an unmarried girl-the father, and after him, the mother; provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

- in case of an illegitimate boy or an illegitimate unmarried girl-the mother, and after her, the father;

- in the case of a married girl-the husband:

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-

- if he has ceased to be a Hindu, or

- if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).

Explanation: - In this section the expression “father” and “mother” do not include a step-father and a step-mother.

Proviso to clause (a) of Section 6, Hindu Minority and Guardianship Act lays down that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. Thus, mother is entitled to the custody of the child below five years, unless the welfare of the minor requires otherwise.

Section 7: Natural guardianship of adopted son -

The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.

Section 8: Powers of natural guardian -

(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court,-

(a)   mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor or

(b)   lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

(3) Any disposal of immovable property by a natural guardian, in contravention of subsection (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.

(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.

(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular-

(a)   proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof.

(b)   the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and

(c)   an appeal lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.

(6) In this section, "Court" means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.

According to Section 13 - Welfare of minor to be paramount consideration:

In the appointment or declaration of any person as guardian of a Hindu minor by a Court, the welfare of the minor shall be the paramount consideration.

No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the Court is of opinion that his or her guardianship will not be for the welfare of the minor.

In Gita Hariharan v. Reserve Bank of India and Vandana Shiva v. Jayanta Bandhopadhaya, the Supreme Court has held that under certain circumstances, even when the father is alive mother can act as a natural guardian. The term 'after' used in Section 6(a) has been interpreted as 'in absence of' instead 'after the life-time'. –

Rights of guardian of person. –

The natural guardian has the following rights in respect of minor children:

(a) Right to custody, .

(b) Right to determine the religion of children,

(c) Right to education,

(d) Right to control movement, and

(e) Right to reasonable chastisement

These rights are conferred on the guardians in the interest of the minor children and therefore of each- of these rights is subject to the welfare of the minor children. The natural guardians have also the obligation to maintain their minor children.

Testamentary Guardians

Testamentary guardian is a person named in a will to act as a guardian. Usually testamentary guardians are appointed by a widowed parent of a minor child or disabled adult child to render assistance to the children. Parents may indicate their preference for a guardian in a valid will with regard to the guardianship of their children. Court will determine the availability or suitability of the decision or preference of the parent.

When, during the British period, testamentary powers were conferred on Hindus, the testamentary guardians also came into existence. It was father's prerogative to appoint testamentary guardians. By appointing a testamentary guardian the father could exclude the mother from her natural guardianship of the children after his death. Under the Hindu Minority and Guardianship Act, 1956, testamentary power of appointing a guardian has now been conferred on both parents.'

Section 9 - Testamentary guardians and their powers -

(1)    A Hindu father entitled to act as the natural guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 12) or in respect of both.

(2)    An appointment made under sub-section (1) shall have not effect if the father predeceases the mother, but shall revive if the mother dies without appointing, by will, any person as guardian.

(3)    A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 12) or in respect of both.

(4)    A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by will appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of both.

(5)    The guardian so appointed by will has the right to act as the minor's guardian after the death of the minor's father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will.

(6)    The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage.

Important: The father may appoint a testamentary guardian but if mother survives him, his testamentary appointment will be ineffective and the mother will be the natural guardian. If mother appoints testamentary guardian, her appointee will become the testamentary guardian and father's appointment will continue to be ineffective. If mother does not appoint, father's appointee will become the guardian.

It seems that a Hindu father cannot appoint a guardian of his minor illegitimate children even when he is entitled to act as their natural guardian, as Sec. 9(1) confers testamentary power on him in respect of legitimate children. In respect of illegitimate children, Section 9(4) confers such power on the mother alone.

Important:

·        Under Section 9, Hindu Minority and Guardianship Act, testamentary guardian can be appointed only by a will.

·        The guardian of a minor girl will cease to be the guardian of her person on her marriage, and the guardianship cannot revive even if she becomes a widow while a minor. It is necessary for the testamentary guardian to accept 'the guardianship.

·        Acceptance may be express or implied. A testamentary guardian may refuse to accept the appointment or may disclaim it, but once he accepts, he cannot refuse to act or resign except with the permission of the court.

Guardians Appointed by the Court

The courts are empowered to appoint guardians under the Guardians and Wards Act, 1890. The High Courts also have inherent jurisdiction to appoint guardians but this power is exercised sparingly. The Hindu Minority and Guardianship Act is supplementary to and not in derogation to Guardians and Wards Act. Under the Guardians and Wards Act, 1890, the jurisdiction is conferred on the District Court: The District Court may appoint or declare any person as the guardian whenever it considers it necessary in the welfare of the child.' In appointing ,,a guardian, the court takes into consideration various factors, including the age, sex, wishes of the parents and the personal law of the child. The welfare of the children is of paramount consideration.

The District Court has the power to appoint or declare a guardian in respect of the person as well as separate property of the minor. The chartered High Courts have inherent jurisdiction to appoint guardians of the- person as well as the property of minor children. This power extends to the undivided interest of a coparcener.

The guardian appointed by the court is known as certificated guardian.

Powers of Certificated guardians:

Powers of certificated guardians are controlled by the Guardians and Wards Act, 1890. There are a very few acts which he can perform without the prior permission of the court. In the ultimate analysis his powers are co-extensive with the powers of the sovereign and he may do all those things (though with the permission of the court) which the sovereign has power to do. A certificated guardian from the date of his appointment is under the supervision, guidance and control of the court.

Guardianship by affinity

In pre-1956 Hindu law there existed a guardian called guardian by affinity. The guardian by affinity is the guardian of a minor widow. Mayne said that "the husband's relation, if there exists any, within the degree of sapinda, are the guardians of a minor widow in preference to her father and his relations."' The judicial. pronouncements have also been to the same effect. The guardianship by affinity was taken to its logical end by the High Court in Paras Ram v. State In this case the father-in-law of a minor widow forcibly took away the widow from her mother's house and married her for money to an unsuitable person against her wishes. The question before the court was whether the father-in-law was guilty of removing the girl forcibly. The Allahabad High Court held that he was not, since he was the lawful guardian of the widow.

A question has come before our courts, whether the nearest sapinda of the husband automatically becomes a guardian of the minor widow on the death of her husband or whether he is merely preferentially entitled to guardianship and therefore he cannot act as guardian unless he is appointed as such? Paras Ram seems to subscribe to the former view, and the Madras and the Nagpur high Courts to the latter view.

Under Section 13, Hindu Minority and Guardianship Act, in the appointment of 'any person as guardian, the welfare of the child is paramount consideration. The fact that under Hindu law father-in-law has preferential right to be appointed as guardian is only a matter of secondary consideration.

In our submission, it would be a better law if the guardianship of the minor wife, both of her person and property, continues to vest in the parents. We do not have much of textual guidance or case law on the powers of the guardians by affinity. Probably his powers may be taken to be at par with those of the natural guardian.

De Facto Guardian

A de facto guardian is a person who takes continuous interest in the welfare of the minor's person or in the management and administration of his property without any authority of law. Hindu jurisprudence has all along recognized the principle that if liability is incurred by one on behalf of another in a case where it is justified, then the person, on whose behalf the liability is incurred or, at least, his property, is liable, notwithstanding the fact that no authorization was made for incurring the liability.'

The term 'de facto guardian' as such is not mentioned in any of the texts, but his existence has never been denied in Hindu law.

In Sriramulu, Kanta. said that Hindu law tried to find a solution out of two difficult situations: one, when a Hindu child has no legal guardian, there would be no one who would handle and manage his estate in law and thus without a guardian the child would not receive any income for his property and secondly, a person having no title could not be permitted to intermeddle with the child's estate so as to cause loss to him. The Hindu law found a solution to this problem by according legal status to de facto guardians.

A mere intermeddler is not a de facto guardian. An isolated or fugitive act of a person in regard to child's property does not make him a de facto guardian. To make a person a de facto guardian some continuous course of conduct is necessary on his part. In other words, a de facto guardian is a person who is not a legal guardian, who has no authority in law to act as such but nonetheless he himself has assumed, the management of the property of the child as though he were a guardian.

De facto guardianship is a concept where past acts result in present status. The term literally means 'from that which has been done.'

The de facto guardian was recognised in Hindu law as early as 1856. The Privy Council in Hanuman Pd. said that 'under Hindu law, the right of a bona fide incumbrancer, who has taken a de facto guardian a charge of land, created honestly, for the purpose of saving the estate, or for the benefit of the estate, is not affected by the want of union of the de facto with the de jure title.

HIndu Law - Valid, Void and Voidable Marriages under Hindu Marriage Act, 1955

Hindu Law : Hindu Marriage Act, 1955

Valid, Void & Voidable Marriages under Hindu Law

By: Vijay Sardana

Marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage.

The Hindu Marriage Act, 1955 provides for three types of marriages:

1.      Valid,

2.      Void and

3.      Voidable.

The difference between these three relates to the pre-marriage impediments to marriage which are clearly enunciated in Section 5 of the Act. If there exist, absolute disablements or impairments, a marriage is void ab initio.

Section 11 deals with void marriages. If relative disablements or impairments exist, a marriage is voidable.

Section 12 deals with voidable marriages.

All other marriages which are not covered by these two Sections are valid.

VALID MARRIAGE

Section 5 of the Hindu Marriage Act 1955 includes essential conditions of a valid marriage. It contains such conditions which if violated shall result in a void marriage.

Section 5 of Hindu Marriages Act says, A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity or epilepsy;

(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

Section 7. Ceremonies for a Hindu marriage.- (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

Section 8. Registration of Hindu Marriages –

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such condition as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified and where any such direction has been issued, and person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

VOID MARRIAGE

Section 11 (Nullity of marriage and divorce- Void marriages) of the Act had considered following marriage to be void:- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5. It means..

1.      Where at the time of marriage any party has a living husband or wife i.e., bigamous marriage is void

2.      Where parties to the marriage fall within sapinda relationship i.e., same blood. A person cannot marry in the same family i.e., to a person from

A. Five generation from the paternal side,

B. Three generations from the maternal side,

C. The parties are within the prohibited degree of relationship. The section 3(g) of the Hindu Marriage Act 1955 talks about the degree of prohibited relationship that is as follows:

3.      Where parties to the marriage come with degrees of prohibited relationship.

According to section 3(f)(i) "Sapinda relationship" with reference to any person extends as far as the third generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

According to section 3(f) (ii) two persons are said to be "sapinda" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

According to Sec 3(g) "degrees of prohibited relationship” - two persons are said to be within the "degrees of prohibited relationship"-

(I) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or

(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother or the other; or

(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.

Explanation.- for the purposes of clauses (f) and (g) relationship includes-

(I) relationship by half or uterine blood as well as by full blood;

(ii) Illegitimate blood relationship as well as legitimate;

(iii) Relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly.

In the case of Rampyari v. Dharamdas 1984, it was said by Allahabad High Court that an application for declaring a marriage void is not required to be presented by the victim only.

In another case of Leela v. Lakshmi 1968, it was held that void marriage does not require even the decree of a court.

In M.M. Malhotra v. UOI, the Apex Court observed that the marriages covered by Section 11 are void ipso jure, that is, void from the very inception and have to be ignored as not existing in law at all if and when such a question arises. Although the Section permits a formal declaration to be made on the presentation of the petition, it is not essential to obtain in advance such a formal declaration from a court in a proceeding commenced for the purpose. If one withdraws from the society of the other, the other party has no right to the restitution of conjugal rights. If one of them marries again, he or she is not guilty of bigamy and the validity of later marriage is not affected because of the first so called marriage.

“On a petition presented by either Party thereto“, It is only the parties to marriage who can move a petition for the declaration of nullity of marriage. The first wife, during the subsistence of whose marriage the husband takes the second wife, has no right to move for a declaration of nullity of the subsequent marriage under this Section. However, there is nothing in the Section or any other provision of any law to debar a person affected by an illegal marriage from filing a regular suit in a civil court for its declaration as void, if such party was affected by such marriage. There can be a civil suit by a person for a declaration that the marriage of A with B was a nullity and for consequential relief’s under the Specific Relief Act, 1963, if the Plaintiff has any cause of action for such relief.

In Uma Shanker v. Radha Devi, the Patna High Court ruled that the first wife could obtain a perpetual injunction to prevent the second marriage of her husband under Section 9 of the Civil Procedure Code and Section 54 of the Specific Relief Act.

Consequences of a void marriage

• The parties have no status of wife and husband
• Children of a void marriage are illegitimate (this is subject to the provision of section 16 of Hindu Marriage Act 1955).
• A void marriage doesn’t give rise to mutual rights and obligations.

According to Section 16. Legitimacy of children of void and voidable marriages.-

(1) Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of the marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case, where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

VOIDABLE MARRIAGE:

A marriage which can be annulled or avoided at the option of one or both the parties is known as a voidable marriage. Section 12 of Hindu Marriage Act contains relevant provisions of Voidable Marriage.

Section 12. Voidable Marriages, says,

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

a)     that the marriage has not been consummated owing to the impotency of the respondent; or

b)     that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

c)      that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

d)     that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-

(i)      the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or

(ii)      the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

(i)      that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii)      that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

(iii)     that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

It means according to it, in the case of marriage being voidable, the court may declare it Null under following conditions:-

1.      Where marital cohabitation has not occurred due to the impotency of the respondent.

2.      Where at the time of marriage any party failed to give valid consent due to unsoundness or has been affected by mental retardedness to such extent that he is incapable to marriage and giving birth to a child, or suffers from frequent insanity or is insane.

3.      Where the consent of guardian is necessary for the marriage and such consent has been obtained by force or by fraud as to nature of rituals or any actual facts or circumstances as to the respondents.

4.      Where the respondent is pregnant at the time of marriage from a person other than the applicant.

GROUNDS OF DECLARING A MARRIAGE VOIDABLE

A marriage is voidable on the ground of consent obtained by fraud as force, then such marriage shall be declared null only when:-

(a)  The applicant is presented within one year from the date of knowledge of fraud as the force used.

(b)  The parties have not lived as husband and wife after the knowledge of force used or fraud.

Similarly, if the marriage is voidable due to the pregnancy of wife then such marriage shall be declared null only when the court is satisfied that:-

(a)   The applicant was unaware of the pregnancy of the wife at the time of marriage.

(b)  If the marriage has been solemnized before this Act came into force, then the application shall be presented within one year from the date of enforcement of the Act or if the marriage has been solemnized after the act came into force then the application shall be presented within one year from such marriage.

(c)  The applicant has not voluntarily co-habitated after the knowledge of pregnancy of wife.

(d)   Wife had been pregnant from a person other than the applicant.

(e)  She was pregnant before the marriage