Null And Void Marriage Under The Hindu Marriage Act
- leadindia831
- Jul 10, 2023
- 4 min read
Marriage is given legal status under various personal laws. These laws include the Hindu Marriage Act of 1955 and the Parsi Marriage and Divorce Act of 1936.
Indian Christian Marriage Act, 1872, and Special Marriage Act, 1954 Marriage is considered a sacred relationship. However, the complexities of marriage in society give birth to the concept of nullity in marriage.
Meaning Of Nullity in Marriage:
The term nullity of marriage is a declaration by the court that the supposed marriage is null and void, i.e., there is no valid marriage existing between you and your spouse. It states clearly that the supposed marriage didn't take place. One thing that must be understood here is that nullity is not similar to divorce. Divorce is a declaration ending a valid marriage. However, on the other hand, nullity is a declaration that such marriage never existed.
The law of nullity talks about two types of marriages that could be canceled. These are void marriages and voidable marriages, respectively.
When a marriage is declared void, it means that it never took place. Technically, if marriage between you and your spouse never took place, then there is no need for a court to obtain a degree of annulment. You can simply act as though your marriage never actually happened. But it is advisable to obtain a court order declaring the nullity of your marriage so that any doubt can be removed.
On the other hand, if a marriage is voidable, it will be considered a valid marriage until and unless a degree of annulment is passed.
Divorce, on the other hand, is the judicial declaration on petition of the parties to a marriage leading to the end of a valid marriage. It shall be noted here that in the event of divorce, the validity of a marriage is not questioned, but the continuation of the marriage will be affected, and there is an end to a valid marriage.
Nullity of Marriage under Hindu Law:
Prior to the enactments of the parliament, there was no such concept as the end of marriage or nullity of marriage under the Hindu personal law, and marriages were treated as holy and strong wedlock for the rest of the life. But after the enactment of the Hindu Marriage Act, certain grounds have been provided based on which marriages shall be declared null and void by the court. These grounds have been provided under Clauses i, iv, and v of Section 5 of the Hindu Marriage Act.
Void Marriage:
The term void could generally be understood as a synonym of the word illegal. Therefore, anything that is void will have one consequence for sure: it will be illegal as well. A void marriage, therefore, means an illegal marriage. Section 5 of the Hindu Marriage Act provides certain essential conditions that must be fulfilled for a valid marriage. On the other hand, Section 11 of the Hindu Marriage Act provides grounds based on which a marriage shall be rendered invalid.
These grounds are as follows:
Bigamy:
If either of the spouses has a spouse alive from an earlier marriage, the subsequent marriage shall be considered invalid in the eyes of the law. It will be considered void from the very beginning.
Prohibited Relationships:
Under prohibited relationships, relationships are considered relationships between lineal ascendants from both sides, that is, from the father's side as well as from the mother's side too. No marriage shall be performed between the prohibited relationships; if performed, such marriages will be invalid and have no validity in the eyes of the law.
Sapinda Relationships:
Under Section 3(f) clause ii, not only those who fall within the limits of sapinda relationships shall be a sapinda to the person, but also when two persons have a common lineal ascendant who falls within the limits of sapinda relationships with reference to each of them, both such persons will be a sapinda to each other.
Grounds to set aside a marriage and make it voidable:
Impotency of the respondent.
Incapacity to provide valid consent, forced consent of the parties, mental illness, or the respondent's unfitness for the creation of a child
underage marriage of the parties
If respondent was pregnant by some other person at the time of marriage.
Difference between a Void and Voidable Marriage:
A void marriage is void from the very initial stage, but voidable marriage will be valid only after the court declares so.
In a void marriage, a mere decree is passed by the court declaring the nullity of marriage. But for a voidable marriage, the marriage is annulled by a decree of nullity by the court.
Parties will be free to perform another marriage without getting a decree of nullity in case of a void marriage. But in a voidable marriage, parties will not be able to perform another marriage unless the marriage is annulled by the court.
The wife has no right to claim compensation in a void marriage. On the other hand, in a voidable marriage, the wife has the right to claim compensation.
Marriages that are void under the 1954 Special Marriage Act:
Section 24 of the Special Marriage Act provides for the nullity of marriage, which also has certain grounds. For example, neither party has a living spouse, is incapable of giving valid consent, is underage, or is in relation to a prohibited degree or the impotency of the respondent.
Consequences Of Nullity Of Marriage And Children Born Out Of These Marriages:
Children born out of such marriages shall be considered legitimate. After an order of nullity of marriage is made, the parties to the marriage will be free to marry any other person. The Order of Nullity of Marriage provides that there is no status of marriage between two persons. A marriage that is null and void has no legal status at all.
Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to divorce, maintenance, child custody, etc. In case you wish to ask for Ghaziabad Court Marriage or Marriage Registration Ghaziabad, even if you have a Arya Samaj Marriage Certificate if you wish to talk to a lawyer or seek free legal advice, you may contact us.
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