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Annulment of Marriage on the Ground of Epilepsy Under the Hindu Marriage Act, 1955 : an Analysis and Some Suggested Reforms

By Dr. Subhash Chandra Singh

Published In

Air 1992

Introduction An epileptic person is incompetent to marry under the Hindu Marriage Act, 1955 (hereinafter referred to as the Act). To marry or not to marry is a dilemma faced by many epileptics. The important factors are the frequency and Severity of attacks and the personalities involved. Under Section 12(l)(b) read with Section 5(ii)(C) of the Act, a marriage with an epileptic person becomes voidable and may be annulled at the option of the petitioner if it is proved that at the time of the marriage the respondent was an epileptic. The epileptic clause under the Act was'' introduced by the Marriage Laws Amendment Act, 1976. Under the old Hindu Law epilepsy was not recognised as a special ground for the frustration of the Marriage. Mental incapacity was considered as a bar to a marriage to some extent depending upon the nature and degree of mental derangement. Epilepsy : What is? Epilepsy has the longest medical history ....

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