What Is A Null And Void Marriage?
A marriage is considered non-existent and invalid if it falls under certain grounds that make it void or voidable. Our marriage experts are well-versed in understanding and differentiating between a legally valid marriage and a null and void marriage. In the case of a voidable marriage, it can be annulled by a decree, while a null marriage does not require any formal procedure to terminate it.
Marriage is voidable if:
- Incapable of giving valid consent due to unsound mind
- Either Party has spouse living at the time of marriage
- Male and female has not completed 21 and 18 years of age respectively
- Parties are within prohibited degrees of relationship
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Overview
Marriage holds a significant position as a sacrament in Hindu law, but there are circumstances in which it can be annulled by the Family Court if it is determined that the essential requirements of a legal marriage were never fulfilled in that specific marital relationship. Nullity refers to something that is void or never existed. In order for a marriage to be considered legal, the requirements outlined in Section 5 of the Hindu Marriage Act must be met. If a situation arises that renders the marriage void or voidable, the court can grant a decree of nullity under Section 12 of the Act. Both void and voidable marriages can be annulled by the court.
Please note that the specific details and legal procedures surrounding the annulment of a marriage may vary, and it is advisable to seek guidance from a legal professional or consult the relevant laws and regulations in your jurisdiction.
What Is Void And Voidable Marriage?
A void marriage is considered void ab initio, meaning it is null and void from the beginning, if it violates any of the requirements stated in Section 5 of the Hindu Marriage Act. In such cases, no court decree is required for the annulment of the marriage.
On the other hand, a court decree is necessary for the annulment of a voidable marriage, which means the marriage is valid until it is annulled by the court. A voidable marriage can be annulled under the following grounds:
- Non-consummation of marriage due to the impotence of the respondent.
- Marriage is in violation of the condition specified in clause (ii) of Section 5.
- Consent was obtained by fraud or force.
- The respondent was pregnant by someone else at the time of the marriage.
In such circumstances, the petitioner can approach the court and request the annulment of the marriage.
It’s important to note that the specifics of marriage annulment may vary based on jurisdiction and the applicable laws. Consulting with a legal professional or referring to the relevant laws and regulations is recommended for accurate and up-to-date information.
Other Annulment Grounds as per section 11
Under certain circumstances, a marriage can be annulled based on the following grounds:
- Either partner was already married to someone else at the time of the marriage.
- Either spouse was underage and did not have the necessary court or parental authorization to marry.
- Either spouse was under the influence of drugs or alcohol at the time of the marriage.
- Either spouse was mentally incompetent during the time of the marriage.
- Consent to the marriage was obtained through fraud, deception, or force.
- Either spouse was physically incapable of engaging in marital relations (usually due to a chronic inability to have sexual intercourse).
- The marriage took place between individuals who are within prohibited degrees of relationship.
- People who have been sentenced to life imprisonment are not allowed to marry.
These grounds provide a basis for seeking the annulment of the marriage through the appropriate legal channels. It’s important to note that specific laws and regulations regarding marriage annulment may vary in different jurisdictions. Seeking legal advice or consulting with a qualified professional is recommended to ensure accurate information and guidance regarding the annulment process.
Requirements for Filing a Petition for Nullity :
In cases where a marriage is sought to be annulled based on grounds such as fraud, deception, or force, there are certain additional considerations:
- Petitions for annulment must be filed within one year of discovering the fraud or force that formed the basis of the petition.
- The petitioner should not have been aware of the fact or allegation for which the petition is being filed at the time of the marriage ceremony.
- It is important that no sexual relationship has been established between the spouses after gaining knowledge of the alleged facts.
These conditions aim to ensure that the petition for annulment is filed within a reasonable timeframe and that the petitioner was genuinely unaware of the circumstances that invalidate the marriage. It is advisable to consult with a legal professional who can provide guidance and assist in navigating the specific requirements and procedures for filing an annulment petition in the relevant jurisdiction.
Difference Between Void And Voidable Marriage:
| Void | Voidable |
|---|---|
| Parties does not have the status as husband and wife | Parties have their status as husband and wife |
| Wife loses the right to claim maintenance from the husband | Wife can claim maintenance from the husband |
| No decree for annulment is required | Decree for annulment is required |