What is Voidable Marriage?
A voidable marriage is one that is valid unless challenged by one of the parties involved, usually due to factors like fraud, coercion, or incapacity. A marriage that is voidable by either party is called as voidable marriage. Both parties to a marriage have the option to dissolve the marriage until a petition to nullify the marriage is filed, it will remain legal. A competent court may declare the marriage null and unlawful in accordance with the Hindu Marriage Act 1955. The choice to keep the marriage intact or to declare it null and void must be made by the husband and wife, or other persons involved.
Section 12 of the Hindu Marriage Act lists the circumstances under which a marriage is deemed voidable by either party.
- Because one spouse is unable to complete a marriage, it remains unfulfilled.
- If one of the married parties is mentally incapable of providing consent.
- If the person in question has a mental illness or has had recurrent episodes of insanity.
- In the event that the woman is expecting a child at the time of her marriage, whether from her intended spouse or not.
- If either party’s permission was won through coercion or deceit.
- If the bridegroom is younger than 21 years old, if the bride is under 18 years old, or if any of the parties are minors
Key Features of Voidable Marriage:
- Section 12 of the Hindu Marriage Act of 1955 deals with voidable marriages.
- Under voidable marriages, marriage exists and will always be recognized as legal unless it is disputed.
- In voidable marriages, the decree is authorized by the court once all necessary circumstances are satisfied.
- Parties to voidable marriages are not free to remarry without a court-issued order of nullity.
Difference between Void Marriage and Voidable Marriage
Void marriage and Voidable marriage are two kinds of marriage. A void marriage is considered invalid from the beginning, while a voidable marriage is initially valid but can be annulled due to specific legal grounds. Creating a bond between a husband and wife is the idea behind marriage. Marriage is an unbreakable religious bond. Section 5 of the Hindu Marriage Act of 1955 recognized that a Hindu marriage was a Sanskara (performed as a cleansing procedure) in addition to a religious event.
Table of Content
- What is Void Marriage?
- What is Voidable Marriage?
- Difference between Void Marriage and Voidable Marriage
- Conclusion
- Difference between Void Marriage and Voidable Marriage- FAQs