VOL.

2 ISSUE 1 Journal of Legal Research and Juridical Sciences ISSN (O): 2583-0066

INDIA'S NULLITY OF MARRIAGE UNDER HINDU LAW

Vishnu Narayanan. J*

ABSTRACT

Family laws deal with the laws with family-related matters such as marriage, adoption,
divorce, and inheritance. India has different religions and different family laws can be applied
by the practitioner. There are five types of family laws that are being implemented in India.
The Hindu Marriage act is one of the family laws which are applicable to Hindus only with
certain structures of rules which are being provided and protected by the law in the Hindu
Marriage Act 1955. It is a contract between two persons who are husband and wife and that
contract makes it enables them to live together harmoniously. This contract is called
Samaskara and the marriage solemnizes two unique individuals so that they can pursue their
Dharma (duty), Artha (possession), and Karma (physical desires) and attain Moksha (ultimate
spiritual release) together. So marriage is a socially and religiously considered act that has
strong roots in Hinduism. This man and woman are then considered as husband and wife. The
concepts and practice are based upon the social organization and the foundation of important
legal rights and obligations. It is swearing between two people who will live together and
uphold the traditional values according to the Dharma which they follow. It is a tradition which
brings two families together. Traditional and old forms of the Hindu marriage systems, there
won’t be a significant role for the state in the affairs of marriage, as marriages live in a private
affair within the social realm. This is a sacred relationship but also a complex sacrament. The
complexity of the concept and its development in society, the concept of the Nullity of marriage
comes in life which comes under section 5, section 5(i), section 5(iv), section (v), section 11,
section 12, and section 16. As marriage is an important essential for the progress and
development of the people of this country divorce or annulment is highly judged upon its
practices that face a lot of stigma and discrimination and is subconsciously considered as a
sin in our country.

Keywords: Practitioner, Sacred relation, Complex Sacrament, Annulment, Solemnizes.

*
BA LLB, SECOND YEAR, SYMBIOSIS LAW SCHOOL, HYDERABAD.

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INTRODUCTION

Law is the set of rules that are created and enforceable to the public which is given by the
government with precise definitions of matters of longstanding debate. It has been described
as a science of the art of justice. Family law encompasses the wide set of rules and regulations
that are in practice regarding matters, such as marriage, divorce, and inheritance. There are
legal rights and duties which are enforceable when one gives legal validation to the status of
interpersonal relationships. The nullity of marriage is that the marriage is legally void in nature.
In a marriage, it defines that the legal statement by the family court the marriage mentions that
it didn’t exist between two people and marriage was not valid. This says there was no such
marriage. Nullity of “Hindu Marriage Act has from (Section 1- Section 29)” which deals with
valid marriage, void marriage, voidable marriage, maintenance, property rights, evidence, and
alimony.

Hindu laws have the concept of sources, two both historical and contemporary materials which
are ancient sources and modern sources. The ancient sources are Shruti, Smritis, Digests,
Commentaries, and Customs. The modern sources are Equity, Justice, Precedent, Good
Conscience, and legislation. According to Smritis, marriage is a necessary sanskar. According
to Smriti, doing so is everyone's obligation. An earlier union that couldn't be dissolved required
the performance of religious and spiritual duties. Before the parliamentary enactment, there
was no concept of nullity of marriage in Hindu laws as it was considered holy wedlock for the
whole life of both husband and wife. Since the Hindu Marriage Act of 1955 came into effect,
there are no specific grounds for annulling a marriage. The Hindu Marriage Act of 1955 lists
these grounds in section 5 clauses (i), (iv), and (v).

The grounds which are considered are: -

(a) The party has a living spouse at the time of marriage.

(b) No party should be incapable at the time of the marriage of being unsound of mind, the
party should also not suffer from any mental disorders or be unfit to give birth to a child
and they shouldn’t be subject to recurrent attacks of insanity.

(c) The groom should complete certain age to be legible for marriage and also the bride
should also be legible for marriage.

(d) Both parties shouldn’t fall within the rules and customs of any prohibited relationship
under Hindu law unless the custom allows it.

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(e) Both shouldn’t belong to the sapindas.

(f) “Sagotra marriage” is valid under the Hindu Marriage Act 1955.

Few weddings, referred to as void marriages, are nevertheless regarded as valid. A voidable
union is regarded as being nullified by section 12 of the Hindu Marriage Act of 1955. It is
entirely up to the parties in voidable marriages whether to stay married or have the union
declared null and void by a judge's order.

The grounds which are voidable marriage are:

(a) The respondent is impotent.

(b) The incapacity to give a child, inability to offer legal permission, coerced consent of
parties, and mental instability.

(c) Child marriage.

(d) If the respondent was pregnant by someone.

ANALYSIS OF THE TOPIC

A) Reliefs for “Nullity” and Allies per the Dharmashastra

INTRODUCTION

“Sagiskara” typically refers to a purifying deed or ritual that, when performed, confers
suitability for a particular goal1. The “Vivaha-sagiskara” is a blended rite that creates a woman's
identity as a wife by requiring her to complete a number of minor tasks in a specific order2.
This is primarily a psychological than a simple sexual relationship, although it can still be
dissolved if several of the requirements for matrimony are not met. Although it is nearly
inconceivable to delineate marital relationship in legal terms, the Shastra understanding of
marriage appears to have been as follows: “a union that develops between a man and a woman
after the divine liturgy has been completely finished, with the bridegroom having the
requirements for giving in to marriage and the bride having the requirements for giving in to
marriage, and the couple having formally or nominally accepted each other in front of the
marriage fire”, in which case the wedding is considered to have been valid 3

1
Sushil Kumar Tewari, NULLITY OF MARRIAGE IN MODERN HINDU LAW, 1965
2
Ibid.
3
Ibid.

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NULLITY OF MARRIAGE IN THE ANCIENT PAST

The ancient Vedic scriptures, which are claimed to date back to the end of 500 B.C., describe
the Hindus’ marital conditions with a degree of practical regularity. How much the current
concept of "nullity" was in favour during the Vedic era is unknown. The sacred institution of
matrimony cannot be repudiated, according to certain scriptures4. However, the Rigveda has a
song that specifically condemns the union of a brother and sister 5.

(1) "nullity" traceable from engagement to wedding completion:

(A) “Nullity” of betrothal:

Because it can be argued that now the girl belonged to the man after being betrothed, we need
to take into account the whether issue of nullity emerges even before matrimony. Although the
legislation carefully distinguishes between nuptials and wedding, from a sociological
perspective, this could be advocated under Indian circumstances. The writings acknowledge
that, under certain conditions, a girl might well be relinquished (i.e., a betrothal may be
dissolved) seen between two events, they are:

A) If she was delivered falsely;

B) After oral commitment, when a more appropriate suitor steps forward 6

C) When there is the real problem7 which, in the case of a woman, entails having a
debilitating or chronic illness, being physically deformed, losing her chastity, and having
had at least one confirmed sexual encounter with a male 8

1) The result of a girl having multiple marriage proposals made to her:

If a girl has multiple hands in a wedding made with her in sequence but is still single, and
all of the potential suitors are interested in her, the first promise's recipient should get her.
Some other candidates were subject to repayment of their contributions, if any, in such a
case9

4
Ibid.
5
Ibid
6
Manu, Manusmriti IX, 72, 73
7
Narada, XII,30
8
Narada, XII,31
9
Kat. quoted in Grihastha Prakesh of Prithwichandra, tras, by J.H.Dave 1953 Bom,I R.pp.25-31 at p. The same
sloka (Anekelhyo) appears at Gpihasthakanda of LaksmidhSra, K.KoT, Ed, by K.V. Rangaswami

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 The admirer departs for abroad: If a suitor departs for traveling abroad after receiving
a girl's wedding invitation, the girl must wait three months before choosing a new
suitor10

In accordance with the scriptures, if she marries again during this time period, the wedding is
invalid, and the initial bidder is entitled to her. This is an example of an inferred duration of
the agreement. We must determine whether the duration was indeed three months (in those
days of protracted travel) or rather three years in order to fully understand the suggested word
and its sociological phenomena. The word used is "Ritu," which the thesaurus11defines as
denoting "menstrual evacuation," "any settled point of time," "a period of the year," and "a
season" (the frequency of phases is occasionally restricted to three, though to five, however, it
is more frequently counted as six) 12

3) The effect of the suitor’s death:

Even though the wedding alliance was performed with a ceremonial beverage of fluid so long
as she hasn't been wedded with mantras, a girl whose admirer passes away after publicly
approving her but prior to actually performing the rite of matrimony constitutionally remains a
Kanya "maiden" under parental jurisdiction. 13 If she agrees, other connections of the household
of the prospective groom (such as his brother) may marry her in the case of a consummation
that results in an asura marriage and for which a married woman has been paid 14

(B) “NULLITY” of Unconsummated marriage :

There is a difference between the dissolution of a wedding that has been conducted and one
that has not. If a girl is engaged using mantras and later finds out she has serious flaws, she
might well be "given up" (i.e., the marriage is ostensibly dissolved) but if it has already been
accomplished, she should be supported15 What would happen if a suitor, the woman's husband,
or even the girl themselves, tried to hide a flaw? The conclusion appears to indicate that the
marriages may be dissolved and the spouse is subject to fines if the suitor hides his flaws and
chooses a Kanya16 , if the girl's father was responsible for refusing to answer questions or

10
Narada, XII,24
11
Quoted in S.B.E. Ed. By F, Max Muller, vol.7 at p.109.
12
Parasara, VIII, 6; Samvarta V,66
13
Yama quoted in G.P. of Prithwichandra, trans. by Dave, 1953 Bom. L.R. ppo25-31 at p.
The same sloka (vacha) appears at Grihasthakanda of Lakshmi Dhara: K.K,T. Ed. by K.V. Rangaswami
Aiyangar at p.SO.
14
Vasistha cited in Grihastha Kanda of Lakshmi Dhara K.K.T. eS. "by K.V. Rangaswami Aiyangar, pp 60-61;
Manu IX 69
15
Sumantu quoted in G.P. of Prithwichandra, Trs. by J.H. Dave 1953 Bom. L.R. pp.25-31 at p.30.
16
Narada and Kat. Quoted in G.P. Of Prithwichandra

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misrepresenting the groom in order to conceal faults, he will be penalised 17and the suitor
receives his sulka back 18 . In the event of a problem, this regulation will not be applicable 19

(2) "nullity" of the marriage resulting from the violation of a commercial and
metaphysical reason for restriction:

We discover that there were some limitations on the girl's choice in Smritis. Relatives were
given a great deal of importance throughout this time, and it had been advised that everyone
should marry into the finest households20These limitations were set in place to promote mental
welfare and the general welfare of society. It is suggested that a man not wed a sapinda 21(to the
same bodily constituents) Sagotra22(A sogotra is a member of the same family, also known as
laukika gotra). samanapravara 23(samanapravara is a brotherless girl who is descended from the
same Rishi Vaidika gotra)24 He is advised to stay away from a girl whose family disregards
religious observances and Vedic studies.25

This counsel appears to have been based on a number of different factors or repercussions, each
of which had a different weight.

(3) "nullity" resulting from unhappiness amongst couples:

We must examine the full spectrum of such separation in order to rule out the possibility that
the "nullity" traces we have discovered in the texts can also be compared to other cases of
estrangement amongst couples. We now focus on marriages that are resistant to the
aforementioned therapies. A wife can be superseded, abandoned, "given up," deserted,
expelled, and banned according to the provisions found in the Bible. We even discover
provisions for a husband's "abandonment" under conditions that we will look at.

(i) Supersession:

17
See Sternbach "The Pancatanatra and the Smritis1 [1950] Bhartiya Vidya pp.22= 309. See pp.297-301 pp299-
300( where it has been said that if the father or guardian of the girl declares openly all the defects of the girl
given in marriage he is not liable to punishment, but if he does not do so, then he will he punished by the King
and the suitor may annul the contract with this man and abandon, or repudiate the girl who had some defects",
18
Narada and Kat. quoted in G.P. of Prithwi Chandra, op.cite, Narada XII; 33, Manu VIII 224; Manu IX 73;
Yajn 1, 66. Narada and Manu quoted in G.P. of Prithwi Chandra. Cited above
19
Ibid.
20
Ibid.
21
Manu III, 5. Yajn. 1, 53
22
Hir. gr.1, 19,2; Gobhila gr. III, 4-,4-.
23
Narada XII, 7; Manava gr 1,7.8; Varaha gr. 9
24
Manu Til, 110; see also Yajn 1, 53; Manava gr. 1,7,8
25
Manu III, 6,7

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Rationalisations for replacing a woman that are related to the civil and religious aspects of the
wedding can be distinguished from one another. The causes of superficial traits include alcohol
misuse, disease, misbehaviour, a foul disposition, and eventual collapse 26. These
considerations are significantly less serious than the ones related to the relationship's religious
basis. A woman who only had daughters, was infertile, lost every one of her offspring, and had
reached atiprasava (menopause) before getting pregnant may very well be supplanted 27 Due
to the belief that the perpetuation of the bloodline from boys is the sole way to bring forth
another the liberation of the predecessors from afterlife tribulations, these reasons undermine
the marriage's holy intent. However, unless the aforementioned flaws are permanent, a wife
cannot be made up for them. The wife must always be given enough time to determine whether
the problem is permanent, thus the man must await ten or 11 days 28 if the woman was infertile
or only gave birth to girls, those numbers would be years.

(ii) abandon:

A woman may be "abandoned" for reasons that, when categorised (as for supersession), relate
to both the worldly and the religious facets of the marriage. Inebriation, poor behaviour, illness,
psychosis, fornication, an endeavour to murder her husband, and the accomplishment of a
serious crime, such as obtaining an abortion, fall under the first category29 the second group
includes postmenopausal, solely giving birth to daughters, and infertility.

(iii) Give up:

We discover that a marriage can be dissolved if there are flaws. These flaws include being
blameworthy, being from a marginalised community, engaging in poor behaviour, committing
crimes, or having a dangerous or infectious sickness. It is referred to as parityajya. 30 That is,
she needs to be "given up."

(iv) Deserting:

We discover that a wife may be abandoned by her husband for a brief period of time—three
months—and stripped of her decorations and furnishings on the various principles: her disdain
for the husband, poor behaviour, intoxication, and illness 31. According to the argument,

26
Manu IX, 80.
27
Manu IX,81.
28
Manu IX,81.
29
Yama quoted in Sm. Chandrika trans. by Gharpure, p.518 Harita quoted in Sm. Chandrika trans. by
Gharpure,p.519 Yajn. ibid., at p.519-
30
Sumahtu quoted In Grihasta Prakash of Prithwichandra, trans. by J.H. Dave [1953] Bom. L.R. 25-31 at p.31
31
Narada IX, 78

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"deserting" refers to a reversible recourse open to the husband that really never dissolves the
marriage. In order to maintain a happy family life and to correct the wife, this comes in the
form of a prolonged absence.

(v) "Expelling” and "banishing from the town"

We are informed that a husband may kick out a wife if she consistently harbours ill will
regarding him, speaks rudely, or eats in front of him 32. Additionally, there are provisions for
expelling a woman from the community if she spends her husband's whole estate while
claiming it as her own, arranges an abortion, or makes an endeavour to murder her husband 33

B) Legislative comparative study of nullity of marriage under Hindu Law

1) “Nullity” of marriage before 1935:

The Hindu Law of Marriage, as outlined by the Smritikaras and the Annotations in antiquity,
remained mostly unchanged until the British Empire began to rule India when it was
periodically modified and changed by custom and use 34. Prior to 1955, the law mandates the
legitimacy of a wedding between a moron or a stupid on the grounds that it was a samskara 35.
Nevertheless, Banerjee asserts36. It was difficult to comprehend how their wedding in such a
scenario could be recognised as marriage at all because the stupid or lunatic was incapable of
accepting the presence of something like the bride, who was an essential required component
of the rite of the wedding (when the loss of reason was total). Similarly to this, a marriage to
someone who was infertile at the time of the union was regarded as invalidation. 37

According to Norman J., “I believe that the Court must possess competence in such a matter to
pronounce the marriage unlawful if acquired by force or fraud, and commemorated lacking the
consent of the requisite parties or without the formalities necessary to give it a legitimate
marriage under Hindu Law.” However, a marriage solemnised between individuals in the
degree of a banned relationship was void under dharmasastra38. In 1896, the first endeavour
was made to enact a legislative component of nullity. The Malabar Marriage Act of 189639 was

32
Ibid, XII, 93
33
Ibid, XII, 92
34
S.V. Gupte, Hindu law of Marriage, p.2.
35
See Venkatacharyulu V. Rangactiaryulu [J390]I.L.R. 14 Mad. 316-31&Y BhagwaYl V Parmeshwari L1942]
All518-589-590 Amrithammal yT Yallimay Ammal L1'942] Mad. 807 B.B.
36
Banerjee, Hindu Law of Marriage and Stridhana (5th edn) Pp 40-43 See also Mayne, loth edn. 150-3
37
Rakeya bibi V. Anil Kumar [194-8] l.L.R. 2 Cal.119; Ratarmoni Debi V.Nagendra A.I.R. 1949 Cal.404; AV
B [1952] 54 Bom. L.R. 725.
38
Aunjona Iasi V. Prahalad Chandra [1870] 6 Bengal Law Reports 24p; VenKatacHaryulu V. Rangacharyulu
[1890] l.L.R. 14 Mad. 3l6 at 320 ; mulchand v. Budhia [ ] l.L.R. Bom. 812.
39
The Malabar Marriage Act of 1896

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passed in Madras; it forbade polygamy if the first marriage was recorded and acknowledged
divorced between those subject to “Marumakkattayam” or “Alliasantana law”. The Madras
Marumakkattayam Act, 193240 which outlawed bigamous unions between Hindu men who
were subject to the Marumakkattayam law of inheritance and Hindu women they married,
whether they were subject to that code or not, became the expression that replaced it ruled by
that rule. Similar to this, the Madras Namboodari Act of 193241 prohibited “Namboodaris”
from getting remarried while their wives were still alive, with few exceptions.

The Bombay Preventing Hindu Bigamous Marriage Act was adopted in 1946. According to
Section A of this Act, “a bigamous marriage” shall be void, -

(a) if it is contracted in this State after the coming into effect of this Act, otherwise than law,
tradition, or practise to the contrary.

(b) if it is contracted outside of this State's borders after this Act takes effect and one or both
of the contractual spouses to the wedding have their primary residence in this State.

2) Nullity of marriage after HINDU MARRIAGE ACT, 1955.

According to the HINDU MARRIAGE ACT, there are two sets of conditions by which a
marriage may be dissolved:

i. Where there has never been a legal marriage, such as when one or both parties had
a spouse who was still alive at the time of the marriage when the parties are related
to one another in a forbidden degree, or when the parties are sapindas of one
another. The wedding is deemed "null and invalid" in this situation; and 42

ii. Where there was a marriage that was initially valid in every way, but that has since
been revealed to be so flawed that it is thought to be in the public interest that it
should never have happened, such as when the consent was obtained through
coercion or fraud, when the survey participants have hidden away their unwanted
pregnancies at the start of the relationship, or because of the respondents'
impotence, either party's idiocy or lunacy at the time of the marriage, or both parties'
insanity.

40
The Madras Marumakkattayam Act, 1932
41
Madras Namboodari Act of 1932
42
[1870] 6 Bengal law reports 243 at p. 254, T. Rangaswami V. T„ Arvindammal A.I.R, 1957 Madras 243 at
249
Ross Smith V. Ross Smith [1962] 1 All.E.R. 344- at 381 (H.L.), DeHRenviTle V De Renville [1948] 1
All.E.R.56.

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iii. A void marriage is viewed as never having happened and can be handled as such
by the spouses without a court order. A marriage that is defeasible is legitimate up
until the Court nullifies it 43

(a) The determination of facts that were immediately demonstrable on the day of the
marriage is what determines whether a marriage is valid or invalid. The choice in a
voidable marriage is made in light of additional factors44

(b) In the event of a null marriage, the husband and wife are qualified to be summoned
as evidence against one another; however, this is not the situation in the event of a
nullifiable marriage45

(c) If a ruling on the topic is pertinent to an argument that is legitimately before that
Court, a spouse may claim and establish that the marriage is null and invalid in any
Court, anywhere. However, it is not permitted to bring up the issue of a marriage's
violability accidentally in other procedures46

(d) A void marriage can be challenged by third parties, whereas a voidable marriage
can only be declared invalid at the aggrieved party's request 47

(e) While a void marriage may be declared null and invalid at any time, it has been
determined that a voidable marriage cannot be declared null and void after the
passing of the parties, meaning that the passage of time may prevent a decree from
being issued48

(f) In the situation of a null marriage, the nature of the grounds—i.e., whether the
petitioner was honest or not—is irrelevant; nevertheless, in the case of a null
marriage that is eligible for nullification, a decree will not be given if it is requested
on grounds that are not genuine 49

(g) Transactions made while the marriage was still active or in direct anticipation of a
future union (such as prenuptial or postnuptial agreements) can be affected by a

43
Mayne, 11th Ed. 144., Ross Smith V. Ross Smith 11962] 1 All.E.R. 344 at 381.
44
kVV. Algar L1953J 2 III.E.R. 1381 at 1383; (criminal case); Wells V Fisher [1831] 174 E.R. 34 (civil case).
45
Ross Smith W"Ross'Smith [1962] 1 All.E.R. 344 at p.356 W 7 l 7 )
46
T. Rangaswami V. T.Arvindammal A.I.R. 1957 Mad.243 at 249", Wells v. Cottam [1863] 3 SW.Tr 364 =164
E.R.1316
47
Ross Smith V. Ross Smith [1962] 1 All.E.R. 344 at 356. (H.t.) Dodworth V dale [1936] 2 All.E.R. 440; B
V.B [1868] PD.,559; Inverclyde V. Inverclyde [1931] HTTETR. 39.
48
Dodworth V. Dale [1936] 2 All.E.R. 440
49
See"Re iCaves, Eaves V, Eaves [19391 4 All.E.R.280; See also Eowke V.~ Eowke Ll958] 2 All.E.R. 638.

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subsequent declaration of nullity in the event of a void marriage, but not in the event
of a voidable marriage50

(h) In general, a void marriage cannot be confirmed or approved, but one that is
unenforceable may be51

(i) A wife claiming a void wedding may depend on her own citizenship prior to
marriage, but she could perhaps do so in the event of a voidable union. Instead, she
must acknowledge that her habitation is that of the spouse until the issue has been
resolved52

(j) Lex loci Celebrations is to be used in cases of void marriages to resolve disputes,
but it cannot be used in situations when the marriage is allegedly voidable 53

(k) In addition, a void relationship's decree just affects the status and is a judgement in
rem, but a voidable marriage as an institution decree alters the status and is a
judgement in personam54

CASE LAWS RELATED TO THE NULLITY OF MARRIAGE UNDER THE HINDU

MARRIAGE ACT

(1) Lila v. Lakshman (1978 SCC (3) 258 55

- “The Allahabad High court had given
judgement that the marriage is void and doesn’t exist as it already considered as faux
marriage in eyes of law. A decree is passed for a void marriage is only a mere
declaration of nullity of marriage. This decides that the court tells that there was no
marriage”.

(2) Yamunabai Anatrao Adhav vs Anantrao Shivamrao Adhav (1988 AIR 644 1988 SCR
(2) 809 56- “The marriage which is a conflict with section 11of Hindu Marriage act 1955
shall be treated as null and void”.

(3) C.S Rangabhattar vs C. Choodamani (AIR 1992 AP 103, 1991 (3) ALT 27857-
“Andhara Pradesh high court mentioned that when the husband continues to live with

50
See Jo Jackson, The Formation and Annulment of Marriage, pp.80-84
51
Ross Smith V Ross Smith [1962] 1 All.E.R. 344 at 358 (H.L)
52
ibid
53
Ibid
54
T. Rangaswami V.I. Arvindammal A.I.R. 1957 Mad.243 and 249
55
Lila vs Lakshman (1978 SCC (3) 258
56
Yamunabai Anatrao Adhav vs Anantrao Shivamrao Adhav (1988 AIR 644 1988 SCR (2) 809
57
C.S Rangabhattar vs C. Choodamani (AIR 1992 AP 103, 1991 (3) ALT 278

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his wife even after knowing wife’s pregnancy at the time of marriage, then he can’t file
for annulment”.

(4) Bassappa vs Sidhagangamma (II (1992) DMC 167, ILR 1992 KAR 1798,1992(2)
KarLJ 35758 - “Karnataka High court says that a wife whose marriage is declared as
null or void as it conflicts with section 5(i), 5(iv) and 5(v) of Hindu marriage act then
she won’t be entitled to maintenance of any form under section 18 of Hindu Marriage
act 1956”.

(5) Moina Khosala vs Amardeep Khosala (AIR 1986 Delhi 399, 1986 (10) DRJ 28659 -
“Husband couldn’t consummating the marriage of having a number of failed attempts
in sexual intercourse is incapable of interacting with any females. So the court had
suggested that the wife can go for the decree of nullity of marriage”.

(6) Dr Shrikant Adya vs Smt. Anurada (AIR 1980 Kant 8, ILR 1979 KAR 2332, 1980
(1) KarLJ 101)60- “The Karnataka high court declared that the husband was incapable
of producing a sexually healthy life which would give mental instability to the wife so
she has nullity as her option”.

(7) Gayatri Bai vs Pradeep Kumar Chourasai( II (1998) DMC 211)61 – “The court had
made a term of impotency as a practical impossibility to perform sexual intercourse
completely and stated that complete sexual intercourse is important for being husband
and wife but the satisfaction and pleasure obtained by the parties is irrelevant to this
definition”.

(8) Smt Sariabai vs Komalsingh(AIR 1991 MP 358, II (1992) DMC 44, 1992 (0) MPLJ
276)62- “It was held that the petition for an annulment after eight years of marriage is
barred by the statute of limitation and cannot be entertained”.

CONCLUSION AND SUGGESTIONS

During the Smriti period, special effort was made to ensure that the girl marries before or as
soon as she reach adolescence, considering society was sceptical about a woman's purity at the
time, and only by wedding at a tender age was indeed a girl's celibacy merited. A girl who was
capable of marriage but chose not to marry and remained in her father's home was referred to

58
Bassappa vs Sidhagangamma (II (1992) DMC 167, ILR 1992 KAR 1798,1992(2) KarLJ 357
59
Moina Khosala vs Amardeep Khosala (AIR 1986 Delhi 399, 1986 (10) DRJ 286
60
Dr Shrikant Adya vs Smt. Anurada (AIR 1980 Kant 8, ILR 1979 KAR 2332, 1980 (1) KarLJ 101)
61
Gayatri Bai vs Praddep Kumar Chourasai( II (1998) DMC 211)
62
Smt Sariabai vs Komalsingh, AIR 1991 MP 358, II (1992) DMC 44, 1992 (0) MPLJ 276.

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as a "Vyigall." Corresponding to this, it was deemed sinful for a parent to not marry his
daughter at the appropriate time. If a girl or a suitor has a hidden flaw, such as a physical
malformation or a severe theological or physical flaw resulting from impotent or deceit, the
consummation may be annulled. In Smritis, a husband had the legal option to keep his woman,
forsake her, or have her expelled or banished. A wife may equally abandon her husband. These
won't seem to be any examples of "nullity."

We discover that there was a potential for "nullity" when a suitor wed a sapinda, sagotra, or
samanapra- vara girl. Additionally, a wedding may be dissolved if either the wife or the
husband was infertile, afflicted with an incurable or hazardous ailment, or if it had been forced
or fraudulently committed.

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