Void Marriage and Voidable Marriage
How many types of marriages are there in Hindu law?
There are three types of marriage under Hindu law:
- Valid marriage
- Void marriage and,
- Voidable marriage.
Does void and voidable marriage creates any criminal liability?
While parties to voidable marriages are not subject to criminal culpability, all parties to void marriages are subject to criminal liability.
What are the consequences of a void marriage?
A declaration of nullity will take effect retroactively and treat the marriage as never having happened at all once it is declared.
What are the consequences of a voidable marriage?
Once a decree of nullity is issued, it cannot be applied retroactively, and the marriage will be considered legally dissolved as of the petition’s grant date.
Does a third party holds right to make a petition in case of a voidable marriage?
No, only parties to the marriage can make a valid petition in case of voidable marriage. The validity of the marriage can only be challenged during the lifetime of parties to the marriage.
Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.
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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