Section 12. Voidable 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:—
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 impotence 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 (2 of 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
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—
(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;