Section 25 of The Special Marriage Act, 1954
Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,--
- (i)the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
- (ii)the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
- (iii)the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,--
- (a)that the petitioner was at the time of the marriage ignorant of the facts alleged;
- (b)that proceedings were instituted within a year from the date of the marriage; and
- (c)that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,--
- (a)proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
- (b)the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
Summary
- Section 25 of this civil marriage law establishes when a marriage is voidable, which means it is legally valid but can be cancelled by a court decree.
- A spouse can petition to cancel the marriage if the other spouse wilfully refuses to consummate it, meaning they refuse to have sexual intercourse to complete the marriage.
- The court can annul the marriage if the bride was pregnant by another man at the time of the wedding and the husband did not know.
- If consent to the marriage was obtained by force or fraud, the victim can ask the court to cancel the marriage.
- Strict time limits apply, meaning the case must usually be filed within one year of discovering the fraud, pregnancy, or after the force stops.
Practical examples
FAQ
1. What makes a marriage voidable under Section 25 of The Special Marriage Act, 1954?
Under Section 25 of The Special Marriage Act, 1954, a marriage is voidable and can be cancelled if there is a wilful refusal to consummate it, if the bride was pregnant by someone else at the wedding, or if consent was obtained through force or fraud.
2. Can a husband get an annulment under Section 25 of The Special Marriage Act, 1954, if he slept with his wife after discovering she was pregnant by another man?
No, under Section 25 of The Special Marriage Act, 1954, the court will not grant an annulment if the husband consented to marital intercourse after discovering the pregnancy.
3. Is there a deadline to file for annulment due to fraud under Section 25 of The Special Marriage Act, 1954?
Yes, under Section 25 of The Special Marriage Act, 1954, you must start court proceedings within one year after the fraud is discovered, and you must not have willingly lived together as husband and wife after that discovery.
Test yourself
Q1.Under Section 25 of The Special Marriage Act, 1954, which of the following is a necessary condition for a husband to successfully annul a marriage on the ground that his wife was pregnant by another man at the time of marriage?
Q2.Under Section 25 of The Special Marriage Act, 1954, what happens if a person whose consent was obtained by fraud continues to live willingly with their spouse after discovering the fraud?
Q3.Under Section 25 of The Special Marriage Act, 1954, how does wilful refusal to consummate affect a marriage compared to a marriage where a party was pregnant by another person at the wedding?
Q4.Under Section 25 of The Special Marriage Act, 1954, how are coercion and fraud defined for the purpose of challenging consent?