Section 12 of Hindu Marriage Act, provides for a decree of nullity of marriage filing petition within one year of the marriage on any of the following grounds:

(a) That the marriage has not been consummated owing to the impotence of the respondent. A party is impotent if his or her mental or physical condition makes consummation of marriage a practical impossibility.


A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment.


When both the parties i.e., the husband and wife are having temperamental differences and not possible to live together under a roof and mutually agree to obtain a decree of divorce, the courts will grant a divorce based on mutual consent.


Contested Divorce: In case of a contested divorce, there are specific grounds listed under Section 13 of the Hindu Marriage Act, 1955 on which the petition can be filed. The husband and wife are in a conflict when opting for a contested divorce. More often than not, matters such as child custody, maintenance etc are far from resolution.


Judicial Separation:-During the time of marriage, if the controversy between the husband and wife is cropped up to the extent where they find themselves unable to live together then either party thereto under section 10 of Hindu Marriage Act can apply for judicial separation.


The custody of a child after the divorce is a burning issue. Often, a child has to go through trauma to see the bitter process of their parents separating. The issue of the custody of a child arises after the completion of the divorce.

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