A marriage solemnised between any two Hindus one of whom is not having the mental capacity to marry ...........

Hindu Marriage Act (HMA) 1955 Divorce

A marriage, solemnised between any two Hindus, one of whom is not having the mental capacity to marry, shall be Voidable at the option of the other party. This is provided under -

Section 12(1) (b)

Section 12(1) (a)

Section 12(1) (c)

Section 13

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Explanation:

Section 12(1) (b) of Hindu Marriage Act –

12. Voidable marriages. (1) Any marriage solemnized; whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely;

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5;