1.

a female ascendant in the line,

2. wife of an ascendant in the line,

3. wife of a descendant in the line,

4. wife of the brother,

5. wife of the father’s brother,

6. wife of the mother’s brother,

7. wife of the grandfather’s brother,

8. wife of the grandmother’s brother,

9. sister,

10. brother’s daughter,

11. sister’s daughter,

12. father’s sister,

13. mother’s sister,

14. father’s sister’s daughter,

15. father’s brother’s daughter,

16. mother’s sister’s daughter,

17. mother’s brother’s daughter.

The following will be within the prohibited degrees of a
female—

18. her lineal ascendant like father, father’s father,

19. the husband of a lineal ascendant,

20. the husband of a lineal descendant,

 21. brother,

22. father’s brother,

23. mother’s brother,

24. brother’s son,

25. sister’s son,

26. lather’s brother’s son,

27. father’s sister’s son,

28. mother’s brother’s son,

Mothers Sisters son

BIGAMY

But where a husband had married a

woman whose marriage was in subsistence, his subsequent marriage, in such circumstances,
would not be bigamous, his first marriage being void. The solemnization of marriage is
proved by showing that the marriage was performed with the proper and essential rites and
ceremonies of marriage prescribed under the law or custom applicable to parties. A
prosecution for bigamy will fail if what is established is that some sort of ceremonies (not the
essential ceremonies as prescribed by law or custom) were performed with the avowed
purpose that the parties were to be taken as married, and it is immaterial even if it is
established that the parties intended seriously to marry and thought that; the ceremonies
performed by them would confer marital status on them. It is now established that if the
second marriage of the accused is declared void before the prosecution is commenced, no
prosecution for bigamy can be made. The mere intention of parties, however serious, will not
make them husband and wife and the accused will escape prosecution even if he deliberately
performed defective ceremonies. So long as the solemnization of a marriage depends upon
the performance of a ceremony, the law cannot be otherwise. Two persons cannot be husband
and wife by seriously intending to live and living as husband and wife, if they do not perform
the necessary ceremonies. Similarly, persons who perform bigamous marriage cannot be
guilty of bigamy if they omit, deliberately or inadvertently, to perform the essential
ceremonies of marriage. The solution lies in prescribing one ceremony for all Hindu
marriages, and by providing for registration of marriages. So long as we recognize all sorts of
ceremonies, such things are bound to happen; dupes may take advantages and innocent
persons may become their victims.
In the case of a bigamous marriage, the ‘second wife’ has no status of wife. But in case she
files a petition for nullity, she can claim both interim and permanent maintenance. If a
husband (or wife) is about to take a second wife (or husband), the first wife (or husband) can
ask for an injunction from the court.

Thus a man whose wife is alive and his marriage is valid and subsisting at the time, cannot
marry another wife. He will be guilty of committing the offence of bigamy, if he marries
another wife during the continuance of the former marriage. So also a woman whose husband
is alive and her marriage is valid and subsisting at the time, cannot marry another husband
and she will be committing the offence of bigamy, if she niarries another husband. But the
parties to void marriage within the purview of Section 11 can contract a valid marriage. So
also if there has been a dissolution of marriage either by a decree of nullity under Section 12
or by a decree of divorce under Section 13, either party of such a marriage is at liberty to
marry again and the prohibition of Cl. (i) of Section 5 will have no operation in such cases,
On the question whether the former husband or wife is alive or dead at the time of the second
marriage the fact that he or she has not been heard of for a period of 7 years by those who are
likely to have heard qf him or her, raises a presumption that he or she is dead at the time, and
it is open to the other spouse to contract a second marriage on the footing that the former
marriage had been dissolved by death, and in such case the onus of proving that the former
spouse is alive is on the person applying for decree of nullity of the second marriage on this
ground

MENTAL DISORDER CAPACITY:-

An objection to a marriage on the ground of mental incapacity must depend on a

question of degree of the defect in order to rebut the validity of a 1arriage which has in fact
taken place. The onus of bringing a case under this clause lies heavily on the petitioner who
seeks annulment of the marriage on the ground of unsoundness of mind or mental disorder.’

MENTAL AGE CAPACITY:-

The Act of 2007 would have far reaching ramifications. It being a secular Act, a piece of
uniform civil code would be applicable on all communities of India. This Act defines a child
in case of males as being a person who has not completed the age of 21 years and in case of
females as being a person who has not completed the age of 18 years. Another significant
change brought by the Act is that it makes a child marriage voidable and in some cases void.
This is a drastic change in the sense that the old Act did not affect the validity of marriage, an
underage marriage being a perfectly valid marriage. A child marriage under the new Act is a
marriage where either party or both are children as defined by the Act and it is voidable at the
option of the party who is the child. Further, the Act provides for the maintenance of the
female spouse of such marriage. Then provisions for custody and maintenance of a child of
such marriages has been made.’ Section 12 makes such marriages null and void in case the
child is enticed or taken away from the custody of his/her lawful guardian or is by force
compelled or by deceitful means induced to go from any place or is sold for the purposes of
marriage and made to go through a form of marriage or if the minor is married after which
the minor is sold or trafficked or used for immoral purposes. Sections 9 and 10 prescribe
punishments, the former for the adult male marrying a minor girl, it being rigorous
imprisonment up to two years, or fine up to one lakh rupees, or both and the latter being for
punishment for any person who performs, conducts, directs or abets such marriage.

MENTAL DISORDER

CONSENT OBTAINED BY FORCE OR FRAUD:- Section 12 (1) (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 (2 of 1978), the consent of such petitioner 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. Expression ‘consent of the petitioner’ includes consent given by
petitioner to the marriage as a result of negotiations made on his/her behalf by his/her parents,
elders in the family or other relations including friends.
Section 12 (1) (c) is to be read with Section 12 (2) (a). Section 12 (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 cased 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. Thus, for presenting a decree of nullity on the ground mentioned in 12 (1)
(c), the necessary conditions are-

1. The consent of the petitioner has been obtained by force or fraud.

2. In case of obtaining consent by force,

(a) The petition is presented within one year of cessation of force.
(b) The petitioner has not lived with the other party to the marriage as husband or wife as the
case may be, after the force ceased to operate.
3. In case of obtaining consent by fraud,
(a) Fraud should relate to the nature of the ceremony or as to any material fact or
circumstance concerning the respondent.
(b) The petition is presented within one year of discovery of fraud.
(c) The petitioner has not lived with the other party to the marriage as husband or wife as the
case may be, after the discovery of fraud. Sub-clauses (b) and (c) of Section 12 (1) provides
the grounds when the petition for nullity can be presented due to the incapability of either
parties to give consent to the marriage due to unsoundness of mind or insanity or the
obtaining of consent by exercise of force or fraud. Thus none of the two sub- clauses cover
the case where the consent is not there at all or where the consent

Effect of ratification :- Sub-section (2) of Section 12 also gives recognition to the concept of
ratification, that is, if the person on whom force is exercised or fraud is practiced, if he or she
lives as husband or wife respectively after the cessation of force or discovery of fraud, then
the ground available under Section 12 (1) (c) for presenting the petition is lost by ratification.

Meaning of ‘Force’ :- Force does not necessarily mean the use of physical violence or
threat1 of the same. It also applies where the force is applied by causing an immediate
apprehension in the mind of the person against grave danger to his or her life, limb or liberty
or against his property or of those who are very dear to him or her. The basic test is that
consent to the marriage should have been given under grave fear or actual force applied to
that person or his property or to the person or property of persons dear to him. It is not every
fear or force which is covered here. It has to be a real fear and not superficial. [f a person
consents to the marriage due to the fear of not disobeying his or her parents, such marriage
shall not be annulled under Section 12.

Meaning of ‘Fraud’ :- ‘Fraud’ means deceit is practiced on a person. Plaintiff is bound to

prove every item of fraud and how it was practised upon him. Plaintiff has also to prove that
he was influenced by misrepresentation.3
Under Section 17 of the Indian Contract Act, 1872,

PRE-MARITAL PREGNANCY
Effect of delay on petition :- The period of one year prescribed herein not the period of
limitation but a condition precedent for presenting a petition under this sub-clause. Once this
period is over, the aggrieved party looses the right to file a petition under this sub-clause.