Void and Voidable Marriages
Any marriage solemnized under the Special Marriage Act shall be null and void and may on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if-
(i) any of the conditions of section 4 has not been fulfilled; or
(ii) the respondent was impotent at the time of marriage and at the time of institution of the suit.
Any marriage solemnized under the Special Marriage Act, shall be voidable and may be annulled by a decree of nullity if
(i) the marriage has not been consummated owing to the willful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party in the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872:
Provided that, in the case specified in clause (ii), the court shall not grant, a decree unless it is satisfied-
(a) that the petitioner was at the time of marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree;
Provided further that in the case specified in clause (iii), the court shall not grant a decree if-
(a) Proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) The petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.