What is Void Marriage?

What is Void Marriage?

A void marriage is considered legally invalid from the beginning, typically due to factors such as bigamy, incest, or lack of legal capacity to marry. Section 11 of the Hindu Marriage Act defines void marriages. It declares that a marriage shall be deemed null and void if any of the requirements listed in Section 5 clauses (i), (iv), and (v) are broken. The following are the requirements of the three clauses stated above:...

What is Voidable Marriage?

A voidable marriage is one that is valid unless challenged by one of the parties involved, usually due to factors like fraud, coercion, or incapacity. A marriage that is voidable by either party is called as voidable marriage. Both parties to a marriage have the option to dissolve the marriage until a petition to nullify the marriage is filed, it will remain legal. A competent court may declare the marriage null and unlawful in accordance with the Hindu Marriage Act 1955. The choice to keep the marriage intact or to declare it null and void must be made by the husband and wife, or other persons involved....

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....

Conclusion

Prior to the Hindu Marriage Act 1955, there was no way for the parties involved in a marriage to end the union. The parties in an invalid or voidable marriage have recourse under Sections 11 and 12 of the Hindu Marriage Act, 1955. Following the passage of the 1976 Amendment Act, a child born out of a void or voidable marriage will be considered legitimate. Section 5 of the Hindu Marriage Act, 1955 specifies the conditions for a lawful marriage; a violation of these conditions results in an invalid or voidable marriage....

Void Marriage and Voidable Marriage- FAQs

How many types of marriages are there in Hindu law?...