Skip to main content

Void and Voidable marriage

 VOID AND VOIDABLE MARRIAGE

BY: Bishrant Khatiwada, SLS, Pune, Email: bishrantkhatiwada0@gmail.com

Marriage is defined as the establishment of a connection between a husband and a wife. Marriage is a religious covenant that cannot be shattered. According to Section 5 of the Hindu Marriage Act of 1955, a Hindu marriage is both a religious and a Sanskara ceremony (performed as a purification rite). It was also declared that any Hindu may marry anybody else. The prohibitions based on caste, gotra, religion, and blood tie are the exceptions to this rule. Endogamy (when a man cannot marry a woman who is a relative) and exogamy (when a man cannot marry a woman who is not a relative) are two laws that govern this ban (a man cannot marry a woman who belongs to another tribe). The Hindu Marriage Act of 1955 makes endogamy and exogamy unlawful.

There are three types of marriage, Valid which is a marriage valid by law and other two does not fulfil the conditions to be a valid marriage

Void Marriage

A void marriage is one that does not meet the requirements of a legitimate marriage. There is no such thing as a void marriage. The expression "no legal effect" in law is referred to as "void." A void marriage is one that has no legal consequences. It does not provide any of the parties any legal responsibilities, rights, or duties. In other words, they are not legally enforceable. To substantiate, a second marriage would be declared void under the Special Marriage Act in the case of a living spouse. Similarly, in Muslim personal law, a marriage to a fifth woman is null and void (Batil). Weddings that take place within the forbidden degree of connection are likewise considered invalid marriages. Under Indian personal law, there are several grounds for a marriage to be declared void; nevertheless, as previously stated, a marriage that is within the banned degree of connection or bigamy (save among Muslims) is regarded to be void.

The legitimacy of children born in void marriages, maintenance, bigamy, property inheritance, and the rights and obligations of parties are all important concerns that are dealt with differently under various regulations. To substantiate, the Special Marriage Act recognises a kid born out of a void marriage as legal. The offspring, however, is illegitimate under Muslim personal law.

Voidable marriage

A voidable marriage remains valid until one of the parties decides to end it. In basic terms, if a voidable marriage is not avoided by one or both parties filing a petition in court, it has all the characteristics of a legitimate marriage. It signifies that the partners have the status of husband and wife, that their children are legitimate, and that they have all mutual rights and obligations. Impotence of the respondent, unsoundness of mind or insanity, respondent's pregnancy at the time of marriage, force or fraud, age of the parties, or concealment of religion are some of the reasons for voidable marriage in Indian personal law.

Frequently, voidable marriage grounds are reintroduced as void marriage grounds. There is, however, a significant distinction between a void and voidable marriage. A void marriage is void ab initio, meaning it has been void from the start. A voidable marriage, on the other hand, is lawful and binding in the beginning until either side opts out. There is no change in marital status or mutual rights or duties between the parties in the case of a void marriage. In a voidable marriage, however, couples are legally and socially bound to live as husband and wife. In the viewpoint of the law, a void marriage is unenforceable, but a voidable marriage is lawful until it is avoided.

Within the area of family law, the three types of marriage, valid, void, and voidable, characterise the complexity of marriage. A Marriage is recognised as a socially and legally acknowledged institution since it controls the relationship between a man and a woman by granting rights and obligations for living as husband and wife. From a legal and social standpoint, the distinction between valid, invalid, and voidable marriages is critical. It gives the parties choices in the event of a moral or ethical blunder.



Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...