In this article you will learn about the Void and Voidable Marriage.
Void and Voidable Marriage
Under the Hindu Marriage Act, 1955, marriages can be categorised as either void or voidable based on certain conditions. These categories determine the legal status and validity of the marriage. Here's an explanation of void and voidable marriages under the Hindu Marriage Act :
Void Marriages
Prohibited Degrees of Relationship (Section 5)
A marriage is considered void if it takes place between parties who are within the prohibited degrees of relationship. These prohibited degrees are specified in the Act, and marriages between close blood relatives are not legally valid.
For example, a marriage between a brother and sister, or an uncle and niece, is considered void.
Bigamy (Section 11)
A marriage is void if either party has a living spouse at the time of marriage. Bigamy, or marrying again while a spouse is still alive, is not legally recognized under the Hindu Marriage Act.
However, if the previous spouse has been absent for seven years and is presumed dead, and the person marrying has no knowledge of the spouse being alive, the marriage may be valid.
Sapindas
A marriage between the parties who are sapindas or a marriage between the parties who are of his or her relations or of the same family. Illustration: there are two parties ‘Z’ and ‘Y’ where ‘Z’ is the husband and ‘Y’ is the wife, who has blood relation or close relation to Z which can also be termed as Sapinda. So, this process will be treated as void.
Voidable Marriages
Impotency (Section 12(1)(a))
A marriage can be considered voidable if either party is incapable of consummating the marriage or is impotent. The aggrieved party can file for an annulment on these grounds.
Consent obtained by force or fraud (Section 12(1)(b))
If the consent of either party was obtained by force, coercion, or fraud, the marriage can be considered voidable. If the aggrieved party chooses, they can seek an annulment on these grounds.
Mental Disorder (Section 12(1)(c))
If either party is suffering from a mental disorder that makes them unfit for marriage and the other party was unaware of the condition at the time of marriage, the marriage can be considered voidable.
Venereal Disease (Section 12(1)(d))
A marriage can be voidable if, at the time of marriage, either party is suffering from a communicable venereal disease. The aggrieved party can seek an annulment if they were unaware of the disease at the time of marriage.
The following prerequisites must be met for a Section 12 petition requesting the nullity of a voidable marriage :
1. Within a year of learning of the fraud or use of force in marriage, a petition alleging such allegations may be submitted to the court.
2. When the petition was filed, the petitioner was unaware of the allegation at the time of the marriage ceremony.
3. Within a year of learning of these facts, the petition on the allegation must be filed with the court.
4. The establishment of a sexual relationship occurs only after the alleged facts are known.
This article on Void and Voidable Marriage is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.