Saturday, 29 January 2022

Void and Voidable marriage


BY: Bishrant Khatiwada, SLS, Pune, Email:

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.

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