Family Ashish

VOIDABLE MARRIAGE: A COMPARATIVE STUDY IN HINDU AND
MUSLIM LAW
This rough draft of project on the afore-mentioned topic has been submitted in the partial
fulfillment of the B.A. LL.B. (Hons.) course in Family Law.
Submitted to: Submitted by:
Dr Pooja Srivastava Ashsish Ranjan
Teacher Associate of Roll no.- 2721
Family Law B.A., LL.B. (Hons.)
Semester- 2nd
Chanakya National Law University, Patna.
February, 2023
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INTRODUCTION
A marriage which can be avoided at the option of either parties is known as a voidable
marriage. Until and unless the court so decrees, these marriages are legal and binding.
Section 12 of Hindu Marriage Act deals with Voidable Marriage. It lays down four grounds
for voidable marriage:-
• Inability of respondent to consummate the marriage due to impotency.

• Respondent’s incapacity to consent or suffering from mental disorder.
• Consent of the petitioner being obtained by fraud/force.
• Concealment of Pre-marriage pregnancy by the respondent.
• Impotency
Impotency at the time of marriage and continued, would give the petitioner a ground for
annulling the marriage. According to old Hindu law, a marriage was not liable to be
invalidated on the ground of impotency. This position was not accepted in few cases.
However, it is stated that the ancient rule permitted Niyoga. Though it became obsolete in
modern times.
Moreover, Section 12(1)(a) of the Hindu Marriage Act has now clarified the position of law.
Section 12(1)(a) can be summarized into two parts:
• That the marriage has not been consummated; and

• That the non-consummation is due to the impotence of the respondent.
RESEARCH OBJECTIVES:
The main objective of this project is to-
i. Understand the concept of voidable marriages.

ii. Analyse what constitutes voidable marriage in Hindu Law and Muslim Law.
iii. Draw out a comparison between voidable marriages in Hindu Law and Muslim
Law.
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RESEARCH QUESTIONS:
i. What is a voidable marriage?

ii. What constitutes a voidable marriage in Hindu Law and Muslim Law?
iii. How is Voidable marriage different in Hindu Law and Muslim Law?
RESEARCH METHODOLOGY:
The researcher will rely on doctrinal method of research as this study is descriptive and
analytical in nature. Secondary and electronic resources will be largely used to gather
information and data about the topic. Books, materials and other reference as guided by
Faculty of Family Law will be used. Websites, dictionaries, articles, journals, newspapers,
official websites, government publications, etc. will also be referred.
SOURCES OF DATA:
i. Books
ii. Journals
iii. Research Papers
iv. Online Resources
LITERATURE REVIEW:
i. Muslim Personal Law; January 2013; In book: Islam, Judaism, and

Zoroastrianism; Purushottama Bilimoria; University of California, Berkeley and
San Francisco State
• The article examines the development of the legalism of Personal Law and provisions
of community rights for disparate communities in modern India, and the role of
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religion and communal politics in their perpetuation. The case study undertaken here
is specifically the Muslim community’s Constitutionally-sanctioned Personal law
(MPL). MPL has not been without criticisms both from outside and within the
community, particularly in respect of gendered disadvantages that arise within the
provisions safeguarding the practices, which cover marriage, divorce, alimony,
inheritance, custody, succession, and so forth.
ii. Marriage under Hindu Law: valid void and voidable; Adeeba
Marriage under Hindu Law: valid void and voidable (legalserviceindia.com)
• Unlike the Islamic law which considers marriage as a contract or agreement between
the two parties under Hindu law marriage is more of a form of a divine Union
between a man and a woman. Hindu law is considered as an idealized institution
which can never be broken and it is eternal.
LIMITATIONS OF THE PROJECT:
The researcher had time limitations while completing the project, many of the doctrinal
resources were beyond the access of the researcher too. Furthermore, the topic had little
scope of empirical study which added to the limitation in the making of this project.
MODE OF CITATION:
The researcher has hewn to the Blue Book Citation (20th Edition) in this project report.
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TENTATIVE CHAPTERIZATION:
I. Introduction
II. Constitution of Voidable Marriages
III. Voidable Marriage in Hindu Law and Muslim Law
IV. Comparative analysis of voidable marriage in Hindu Law and Muslim Law
V. Conclusion
Bibliography
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VOIDABLE MARRIAGE: A COMPARATIVE STUDY IN HINDU AND

Submitted to: Submitted by:

Dr Pooja Srivastava Ashsish Ranjan

Teacher Associate of Roll no.- 2721

Family Law B.A., LL.B. (Hons.)

Chanakya National Law University, Patna.

• Inability of respondent to consummate the marriage due to impotency.

Section 12(1)(a) can be summarized into two parts:

• That the marriage has not been consummated; and

The main objective of this project is to-

i. Understand the concept of voidable marriages.

i. What is a voidable marriage?

i. Muslim Personal Law; January 2013; In book: Islam, Judaism, and

Marriage under Hindu Law: valid void and voidable (legalserviceindia.com)

LIMITATIONS OF THE PROJECT:

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