Null and void will not be granted to any person who has a sexual relationship before marriage. The law only grants at the time of marriage if a person is pregnant that marriage is voidable and it can be called by the decree null and void in Chennai Family Court. The gender-biased clause will not attract men if they are a reason for pregnancy of any woman at the time of marriage other than his spouse. If the man is responsible for the pregnancy of a woman he marries then null and void won’t attract.
A man or woman may have a sexual relationship outside marriage before marriage with any person, that won’t attract the marriage by hiding the sexual immorality factors. Abortions before the marriage are also not a cause for null and void. The only provision provided under Hindu Marriage Act section 12 (1) (d) says that the woman should not be pregnant at the time of marriage can be accepted by the husband or he may seek null and void of his marriage at the appropriate court of jurisdiction. That provision or act won’t come under the adultery of the wife.
The law commission of India has also not considered the above point related to null and void and a reason for divorce in India. To have sexual intercourse or live in a sexual immorality before marriage is not a ground for null and void. But if a woman continues sexual intercourse with another person after marriage other than her husband then it is a ground for divorce not null and void.
Author: K.P.Satish Kumar M.L.
Advocate, Madras High Court
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