DR. AMBEDKAR AND THE HINDU CODE BILL 83
29. Voidable marriages. —(1) Any marriage solemnized before the commencement of this Code shall be voidable
if either party to the marriage was an idiot or lunatic at the time of the marriage.
Part IV, sec. 5, page 15.
(2) Any marriage solemnized after the commencement of this Code shall be voidable—
(a) if, purporting to be sacramental marriage, it contravenes any of the conditions specified in clauses (2), (3) and (6) of section 7;
(b) if, purporting to be a civil marriage, it contravenes any of the conditions specified in clauses (2), (3) and (5) of section 10:
Provided that unless there was force or fraud, a sacramental marriage shall not, after it has been completed, be deemed to be invalid or ever to have been invalid merely on the ground that the consent of the bride’s guardian to the marriage was not or had not been obtained.
(3) Any marriage, whether solemnized before or after the commencement of this Code, shall be voidable on any of the grounds specified in section 30.
(4) Where a period of limitation is prescribed for the presentation of any petition under this Part and no petition is presented within the time prescribed, the marriage shall be deemed to be valid and always to have been valid for all purposes.
36. Dissolution of marriage. —(1) Subject to the provisions of section
35, either party to a marriage may at any time present a petition for dissolution of marriage to the District Court on any of the grounds which makes a marriage void or voidable.
(2) Nothing in sub-section (1) shall be deemed to authorise a Court to pass a decree—
(i) in the case of marriage solemnized before the commencement of this Code which was valid at the time of solemnization, on the ground—
(a) that a former wife of the male party was living at the time of the marriage; or
(b) that the parties are within the degrees of prohibited relationship as defined by clause (b) of section 5;
(ii) in the case of a voidable marriage, whether solemnized before or alter the commencement of this Code, on the ground that either party was an idiot or lunatic at the time of the marriage or that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceeding, unless the petition for dissolution is