void and voidable forms of marriages with case laws....
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Marriage is a recognized union that establishes rights and obligations between spouses and any resulting children. The document explains the differences between void marriages, which are invalid from inception due to lack of capacity or other legal issues, and voidable marriages, which are valid until annulled by court on specific grounds. It also discusses relevant sections of the Hindu Marriage Act, 1955, outlining the criteria and implications of both types of marriages.
void and voidable forms of marriages with case laws....
- 2. What is marriage? Marriage, also called matrimony or wedlock, is a socially or ritually recognized union between spouses that establishes rights and obligations between those spouses, as well as between them and any resulting biological or adopted children and affinity.
- 3. What is void and voidable marriage? A void marriage is invalid from its inception because the parties lacked the capacity to contract under state law. ... A voidable marriage is treated under Missouri law as valid for all civil purposes unless it is annulled by decree. A voidable marriage results from fraud, error, duress, or other imperfect consent."
- 4. VOID MARRIAGE Section: Section 11 of the Hindu marriage Act, 1955 deals with void marriage. A void marriage is a marriage which is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is "one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate."
- 5. Six grounds to void marriage when a marriage is contracted by any party below eighteen (18) years of age even with the consent of parents or guardian. when a marriage is solemnized by any person not legally authorized to perform marriages, unless such marriage was contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so when a marriage is solemnized without license, except those covered under Title I, Chapter 2 of the Family Code when a marriage is bigamous or polygamous and not falling under Article 41 when a marriage is contracted through mistake of one contracting party as to the identity of the other when a marriage is contracted through mistake of one contracting party as to the identity of the other
- 6. RELEVANT CASES Naurang Singh Chuni Singh vs Smt. Sapla Devi on 15 May, 1968 Smt. Yamunabai Anantrao Adhav vs Anantrao Shivram Adhav And ... on 22 April, 1982 Lila Gupta vs Laxmi Narain & Ors on 4 May, 1978 Shantaram Tukaran Patil And Anr. vs Dagubai Tukaram Patil And Ors. on 9 January, 1987
- 7. voidable marriage Section: Section 12 of the Hindu marriage Act, 1955 deals with voidable marriage. A voidable marriage (also called an avoidable marriage) is a marriage which can be canceled at the option of one of the parties. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
- 8. Such marriages can be annulled by a decree of nullity on any of the following grounds :- That the marriage has not been consummated owing to the impotence of the Respondent. That the marriage is been performed with a person of unsound mind or having a mental disorder or suffering from recurrent attacks of epilepsy. That the consent of the Petitioner or its Guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the Respondent. To succeed on this ground, it is necessary that the Petition must be presented in the Court within one year after the force has ceased to operate or the fraud has been discovered. It is also necessary that after the force has ceased or fraud discovered, the Petitioner has not, with consent, lived with the other side. That the Respondent was at the time of marriage pregnant by some person other than the Petitioner.
- 9. RELEVANT CASES G.Saravanan vs The Commissioner Of Police on 6 April, 2011 V. Prema Kumari vs M. Palani on 19 October, 2011 Madan vs The State Of Rajasthan And Anr. on 28 August, 1992 Smt. Lajya Devi vs Smt. Kamla Devi on 21 May, 1992 Revanasiddappa & Anr vs Mallikarjun & Ors on 31 March, 2011
- 10. Difference between void and voidable forms of Marriage • Meaning: A void marriage is no marriage at all. It does not exist from the very beginning. • Section: Section 11 of the Hindu marriage Act, 1955 deals with void marriage. • The court simply passes the decree of nullity since the marriage has no existence at all • Wife cannot claim maintenance under Section 125 of Cr.P.C • Meaning: A voidable marriage is one which can be avoided at the option of one of the parties to the marriage. It remains valid for all practical purposes until and unless its validity is questioned. • Marriage exists and continues to be valid unless it is challenged. • The court passes the decree after taking into account necessary conditions • Wife can claim maintenance.
- 11. Cont……… • Void marriage is void ab initio • Parties to a void marriage are criminally liable • A voidable marriage is as valid until the competent court annuls it. • Parties to voidable marriage not laid down with penalty.