Parsi Religion

This distinction between a void and voidable marriage is not given under the Parsi community. A declaration of the marriage’s nullity may be issued under the Parsi Marriage and Divorce Act, 1936, in the event that natural factors prevent the marriage from being consummated.

Void and Voidable Marriage: Concept, Grounds and Laws

A man and a woman enter into a social and legal relationship through marriage, which is characterized as an institution that forges kinship between the couple. A form of a social structure known as kinship exists between individuals who are related via blood, marriage, or adoption. Marriage is a social union between two people which brings lots of rights and obligations within the relationship. Affection, companionship, cohabitation, shared property rights, and sexual connections are some of these rights and advantages.

Key Takeaways

  • Marriage can be referred to as a legal union, which brings legal rights and obligations. For instance, marriage gives the husband and wife the right to the maintenance and inheritance of property.
  • Marriage laws protect the fundamental rights of each partner in a marriage.
  • The requirements for a valid marriage are outlined in Section 5 of the Hindu Marriage Act, 1955; a marriage that violates these requirements is either void or voidable.
  • There are different marriage laws for people who follow different religions. Hindu weddings are governed by the Hindu Marriage Act of 1955; Christian marriages are governed by the Christian Marriage Act of 1872; and marriages between Parsis are governed by the Parsi Marriage and Divorce Act of 1936. Muslims are not bound by any explicit regulations about marriage but rather by their sacred writings.

Table of Content

  • What is Void Marriage?
  • Grounds of Void Marriage
  • What is Voidable Marriage?
  • Grounds for Voidable Marriage
  • Void and Voidable Marriages under Different Laws
  • 1. Hindu Religion
  • 2. Muslim Religion
  • 3. Christian Religion
  • 4. Parsi Religion
  • Conclusion
  • Concept of Void and Voidable Marriage- FAQs

Similar Reads

What is Void Marriage?

A void marriage is one that is considered as illegal from the very beginning, usually because of bigamy, incest, or incapacity to marry. Section 11 of the Hindu Marriage Act defines void marriage....

Grounds of Void Marriage

The Hindu Marriage Act of 1955 distinguishes between marriages that are void and those that are voidable. It lists three reasons for a marriage to be considered void:...

What is Voidable Marriage?

A voidable marriage is one that can be dissolved by any partner. A voidable marriage will remain lawful until a petition to invalidate the marriage is filed with the court. A capable court will deem this marriage void and illegal according to the guidelines set forth in the Hindu Marriage Act of 1955. The decision of whether to continue with the marriage or declare it null and void rests with the parties involved....

Grounds for Voidable Marriage

The Hindu Marriage Act allows marriages to be voided under certain conditions. These conditions include:...

Void and Voidable Marriages under Different Laws

Different laws govern void and voidable marriages across various religious and cultural contexts....

1. Hindu Religion

Void Marriage under Hindu Religion...

2. Muslim Religion

Void Marriage under Muslim Religion...

3. Christian Religion

Christians are governed under the Indian Divorce Act of 1869. Additionally, it covers the nullity of marriage. However, there is no distinction made by the Act between void and voidable marriages. It just specifies the conditions under which a marriage may be ruled void....

4. Parsi Religion

This distinction between a void and voidable marriage is not given under the Parsi community. A declaration of the marriage’s nullity may be issued under the Parsi Marriage and Divorce Act, 1936, in the event that natural factors prevent the marriage from being consummated....

Conclusion

Marriage is a legal bond that comes with rights and responsibilities for both partners. Laws exist to safeguard these rights and ensure marriages are conducted properly. Void marriages are illegal from the start due to reasons like bigamy or close relations, while voidable marriages can be ended by either partner. Different religions have their own rules regarding marriage validity. For Hindus, void marriages include those with close relatives or bigamy, while voidable ones may result from impotence or coercion. Muslims prohibit marriages with certain blood relations or affinity. Christians and Parsis also have their own laws regarding marriage nullity. Overall, these legal distinctions aim to uphold the sanctity and legality of marriage, ensuring fairness and protection for all involved....

Concept of Void and Voidable Marriage- FAQs

What happens if a marriage is void?...