Concept of Void and Voidable Marriage

What happens if a marriage is void?

The word “void” refers to something that is meaningless and unenforceable. A null and void marriage is deemed illegal from the start and is typically regarded by the law as having never taken place.

What are the signs that a marriage is null and void?

It is imperative that you speak with a family law professional if you believe your marriage may not be lawful. They can evaluate your particular circumstances and offer you legal guidance, including whether to file for a marital declaration of voidance or seek an annulment (for voidable marriages).

Who can make a petition for annulment under voidable marriage?

As long as a marriage is not revoked (put aside) by a court of law, it is considered voidable. The petition for annulment may only be submitted by the spouse who feels wronged by the union. The court may issue an order of nullity to dissolve the voidable marriage.

What is the legitimacy of children born out of a void or voidable marriage?

Section 16 of the Hindu Marriage Act, 1955 specifies the legitimacy of children born out of void and voidable marriages. Any children born out of a void marriage will be regarded as legitimate. Any child born in a marriage that is later deemed null and void by a court is also considered legitimate in a voidable marriage.

How may a void marriage be ended?

Once you are legally married, you can file for an annulment at any time. But in order to obtain an annulment, you have to provide evidence that the union is null and void or voidable.

Reference:

• Legal Studies, Class XI- NCERT
• INDIA CODE

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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.