Saturday, 4 June 2022

Void and Voidable Marriage

 Void and Voidable Marriage

Void Marriage

A marriage that does not meet the requirements of a lawful marriage is commonly referred to as a void marriage. A void marriage is a marriage that does not exist. The term "no legal effect" refers to the absence of any legal consequences. Marriage that has no legal consequence is referred to as a void marriage. It does not create any legal liability, rights, or responsibilities on the part of any of the parties involved in the transaction. In other words, they are not enforceable in a legal setting. According to the Special Marriage Act, a second marriage would be declared null and void if the first spouse is still alive, as evidenced by this example. Marriage to the fifth wife is also void under Muslim personal law, as is marriage to the fourth wife (Batil). In addition, marrying while in a banned degree of connection falls under the category of void marriages. However, as previously stated, a marriage that falls within the banned degree of relationship or bigamy (save among Muslims) is deemed to be void under all personal laws in India, regardless of the reason for the dissolution of the marriage. 

Maintenance, bigamy, the inheritance of property, the rights and obligations of the parties are all important considerations in cases of void marriages, and each state has its own statutes that address these issues in a unique way. The Special Marriage Act recognises the legal legitimacy of a child born out of a void marriage, as evidenced by the following: The offspring, on the other hand, is considered illegitimate under Muslim personal law.

Voidable marriage

A voidable marriage remains valid until one or both of the partners decides to terminate the union. For the uninitiated, a voidable marriage contains all of the elements of a legitimate marriage if it is not prevented by either party filing a petition with the court before the wedding takes place. As a result, the parties have the legal status of husband and wife, the children are legitimate, and the parties have all of the rights and obligations that are shared between them. According to Indian personal law, some of the grounds for annulling a marriage include the respondent's inability to bear children, unsoundness of mind or insanity, the respondent's pregnancy at the time of marriage, force or fraud, the parties' ages, or the concealing of religion.

A common occurrence is that the grounds of voidable marriages are restored as grounds of void marriages. There is, however, a significant distinction between a void and a voidable marriage in terms of legal consequences. A void marriage is void ab intio, which means that it has been void from the beginning. A voidable marriage, on the other hand, is legitimate and binding from the moment it is entered into by either partner until it is terminated by the other. When a marriage is declared void, there is no change in the marital status of the spouses, and no mutual rights or duties are created between them. The spouses, on the other hand, are legally and socially bound to live together in the status of husband and wife in a voidable marriage. A void marriage is one that cannot be enforced by the law, while a voidable marriage is one that is lawful in the eyes of the law as long as it is not avoided.


Among the many complexities of marriage within the field of family law are the three categories of marriage: valid, null, and voidable. A Marriage is recognised as a socially and legally acceptable institution because it governs the relationship between a man and a woman by granting them the rights and obligations that come with being a husband and a wife. From both a legal and social standpoint, the division of marriage into these three categories (valid, void, and voidable) is absolutely essential. In the event of a moral or ethical blunder, it gives the parties with options.


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