Question

For a petition for nullity of marriage under the Hindu Marriage Act, 1955, on the ground that consent was obtained by fraud, what is a statutory bar to granting the decree?

• A. The petition was filed more than six months after the discovery of the fraud
• B. The petitioner has lived with the respondent as husband and wife after the discovery of the fraud
• C. The fraud relates to the social status of the respondent’s family
• D. The parties have not attempted reconciliation through a counselling center

Hint:

Condonation bars nullity—cohabitation after fraud discovery = marriage accepted.

Answer 1

The Correct Option is B

Step 1: Apply Section 12(1)(c) of the Hindu Marriage Act.
A decree of nullity cannot be granted if the petitioner lived with the respondent as husband and wife after discovering the fraud. This condonation bars relief.
Step 2: Reasoning.
Condonation = voluntary cohabitation after knowledge of fraud. This shows acceptance of the marriage.
Step 3: Conclusion.
Thus, post-discovery cohabitation is an absolute bar.