Originally posted by: najma123
Well, I need to be seriously studying Company Law but I decided to read the Hindu Marriage Act instead, my general frustration towards life is at its peak. 😆
Okay, so I am not quoting the bare act, but it bottles down to this, if Bajaj goes to court saying at the time of marriage, he did not know P was pregnant with someone else's kid (person other than petitioner), then the marriage can be considered null or void. Only if HE petitions. Which means it is voidable. Not void. Which also means, if he does not make a petition, the marriage is valid. [Section 12(1)(d)]
The next one is interesting actually.
As per Section 12(1)(c), if Prerna petitions that at the time of the marriage, she did not know about RB's kid (a material fact about him and the circumstance) OR
her consent was obtained by force or fraud (coercion)
then the marriage can be annulled, which means it is voidABLE. Not Void.
HOWEVER, Prerna cannot do either of those NOW, because, reading the above with 12(2)(a)(ii), she chose to live with him despite being aware of the force and after discovering the fraud (material fact about his daughter).
So, yeah, the marriage is pretty much valid. So sorry if I bored you guys with provisions, I am too bored for life, and was attempting to read law. 😆 Btw, I have ignored that dhaaga marriage or whatever they showed coz I never watched it and I can't go back and watch now, so idk if something else applies.