marriages.—(1) Any marriage solemnised, 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 imporence 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 4[was required under section 5 as it stood immediately before the commencement of the
Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was
obtained by force 5[or by fraud as to the nature of the ceremony or as to any material fact or
circumstances 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 solemnised before the
commencement of this Act within one year of such commencement and in the case of marriages
solemnised 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 6[the said ground].
1. Subs. by Act 68 of 1976, s. 4, for sub-section (1) (w.e.f. 27-5-1976).
2. Ins. by s. 5, ibid. (w.e.f. 27-5-1976).
3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 27-5-1976).
4. Subs. by Act 2 of 1978, s. 6 and Schedule, for “is required under section 5” (w.e.f. 1-10-1978).
5. Subs. by Act 68 of 1976, s. 6, for “or fraud” (w.e.f. 27-5-1976).
6. Subs. by s. 6, ibid., for “the grounds for a decree” (w.e.f. 27-5-1976).
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