Difference between Void Marriage and Voidable Marriage
Basis |
Void marriage |
Voidable marriage |
---|---|---|
Meaning |
A marriage that is invalid is void marriage. |
A marriage that is voidable at the option of either side is known as voidable marriage. |
Relation Between Parties |
A void marriage does not provide the couples any rights or duties toward one another because they do not become husband and wife. |
In contrast, when a marriage is voidable, the parties become husband and wife and have reciprocal rights and duties that last until a court order dissolves the union. |
Validity |
Void ab initio is a marriage that is void. From the outset, it is nothing. To dissolve the null and invalid marriage, no court order is necessary. But if the parties want it, the court can simply issue an annulment judgment to declare a marriage null and invalid. |
However, a voidable marriage does not cease to exist unless a judge orders it to be nullified. |
Remarriage |
Any of the parties to a void marriage are free to remarry without obtaining a court order voiding the union. Bigamy is not an attractive crime. |
However, as the voidable marriage is still legally binding if it is not prevented, neither party may remarry without first securing a declaration declaring the marriage null and void or risk being charged with bigamy. |
Wife Entitled for Maintenance |
A wife who has a void marriage does not become a wife and is therefore not eligible to maintenance under section 125 of the Cr.P.C. |
However, up until the marriage is dissolved by an order of declaration, the woman in a voidable marriage may be entitled for maintenance. |
Right to Inheritance |
When succession opens in a null marriage, neither party gets the right to inherit upon the death of the other. |
If a voidable marriage is not dissolved, then either person will become entitled to inherit upon the death of the other when succession opens. |
Children |
In a null marriage, the children are regarded as legitimate. |
The Supreme Court eliminated the difference that deemed children from a voidable marriage to be illegitimate, ruling that a kid cannot be considered illegitimate. |
Difference between Void Marriage and Voidable Marriage
Void marriage and Voidable marriage are two kinds of marriage. A void marriage is considered invalid from the beginning, while a voidable marriage is initially valid but can be annulled due to specific legal grounds. Creating a bond between a husband and wife is the idea behind marriage. Marriage is an unbreakable religious bond. Section 5 of the Hindu Marriage Act of 1955 recognized that a Hindu marriage was a Sanskara (performed as a cleansing procedure) in addition to a religious event.
Table of Content
- What is Void Marriage?
- What is Voidable Marriage?
- Difference between Void Marriage and Voidable Marriage
- Conclusion
- Difference between Void Marriage and Voidable Marriage- FAQs
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