Hindu Marriage Act 1955 § 12
Definition
Provision making a marriage voidable (rather than void) where the consent of a party was not free consent because of unsoundness of mind, or where a party, though not of unsound mind, was mentally deficient or subject to recurrent attacks of insanity.
- Statute
- Hindu Marriage Act, 1955
- Provision
- Section 12
- Effect
- Marriage voidable, not void
- Ground covered
- Consent vitiated by unsoundness of mind or recurrent insanity
Common questions
What is the practical difference between a voidable marriage and a void marriage under this framework?+
A void marriage is treated as never having legally existed, but a voidable marriage under Section 12 remains valid unless and until a court annuls it on a petition by the affected party, so the marriage has legal effect until that annulment is granted.
Why does forensic psychiatric assessment matter for a Section 12 petition?+
The provision turns on whether a party's consent was undermined by unsoundness of mind or recurring mental illness at the relevant time, so a forensic mental health evaluation addressing the person's mental state and capacity at that point is often central evidence in the proceeding.
Related terms
- Banks V. Goodfellow (1870)
- English common-law case establishing the four-element test for testamentary capacity: the testator must understand the nature of making a will, the extent...
- Functional Capacity Assessment
- Assessment of capacity in relation to a specific decision, at a specific time, requiring evaluation of whether the person can understand, retain,...
- Golden Rule (Probate)
- English probate practice guidance from Kenward v. Adams (1975) requiring solicitors taking instructions from an elderly or seriously ill testator to arrange...
- Indian Contract Act 1872 § 11-12
- Provisions establishing that sound mind for contracting requires capacity to understand the contract and form a rational judgement as to its effect;...
- Insane Delusion
- Under the Banks test, a false belief from which the testator cannot be argued, which causes them to dispose of their property...
- MacCAT-T
- MacArthur Competence Assessment Tool-Treatment; a structured instrument assessing capacity to consent to medical treatment using four domains: understanding, appreciation, reasoning, and expressing...
- Mental Capacity Act 2005 (England and Wales)
- Statute governing capacity for consent to treatment and other decisions (not testamentary capacity). Requires a person to understand, retain, weigh, and communicate...