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Judgment
K. Kannan, J.—A petition filed for annulment of marriage on the ground that parties were in prohibited degree of relationship was filed u/s 11. After the evidence was closed an application for amendment of the petition to annul the marriage u/s 12 has been made. The husband is aggrieved that the application has been filed on a new ground which will defeat the law of limitation. The contention, in my view, is erroneous, for, an annulment sought on the ground that the marriage is within the prohibited degree is really in the nature of invalidity of a marriage for violation of condition u/s 5 and there exists common law remedy for declaring the marriage to be void by relief of jactitation of marriage. There is literally no scope for filing a petition u/s 11. Section 11 merely defines what a void marriage is. Avoidance of such a marriage is also possible u/s 12.
As I had already observed void marriage could be avoided even without recourse to Section 12. If the original petition has been filed within a year after marriage, an amendment describing a petition as filed u/s 12 is merely in the nature of setting out the correct provision of law and does not amount to filing a fresh petition on the day when the amendment is filed. The husband is not likely to be prejudiced in any way by the amendment which is now brought. The order is maintained and the revision petition is dismissed.