Case: Petition for Nullity of Marriage

Issues in the Case:

• Can Rahul succeed in his petition for the decree of nullity of marriage under the Hindu Marriage Act?

Principle:

• According to the Hindu Marriage Act, if the bride had been made pregnant by another man before marriage, the husband can seek to have the marriage set aside by a decree of nullity.
• Conditions for obtaining a decree of nullity of marriage:
  1. The husband should have been ignorant of this fact at the time of marriage.
  2. The husband should not have engaged in marital relations (sexual intercourse) after discovering the fact.
  3. The petition for nullity should be brought within one year from the date of marriage.

Judgement:

• It’s not mentioned whether Rahul was aware of Maya’s pregnancy by Rohan at the time of marriage.
• Furthermore, it’s unclear whether Rahul abstained from marital relations with Maya after learning about her pregnancy by another man.
• The date of marriage between Rahul and Maya is 15-6-2005, and the date of filing the petition for nullity of marriage is 20-7-2006.
• The limitation period for filing the petition is one year from the date of marriage, which means Rahul should have filed the petition before 15-6-2006.
• Since Rahul filed the petition after one year and one month from the date of marriage, he must first file a delay condonation petition.
• Only after the delay is condoned can Rahul proceed with filing the petition for nullity of marriage.

Based on the principles outlined in the Hindu Marriage Act, Rahul’s success in his petition for the decree of nullity of marriage depends on whether he can establish ignorance of Maya’s pregnancy at the time of marriage and prove that he abstained from marital relations after discovering the fact. Additionally, he must seek condonation for the delay in filing the petition.