Wednesday, 31 August 2017

Monday, 26 February 2018

Difference between Void and Voidable Marriage

There are four matrimonial remedies under the modern Hindu law. They are Restitution of conjugal rights, Judicial separation, Nullity of marriage and Divorce. Section 11 of the Hindu marriage act deals with void marriage and  Section 12 of the Hindu marriage act deals with voidable marriage.The difference between void and voidable marriage are discussed below.

1. Void Marriage-Void marriage is void abinitio and nullity.Void marriage are unlawful.the court simply passes the decree of nullity since the marriage has no existence at all. Section 11 of the Hindu marriage act deals with void marriage.

Under Hindu marriage Act 1955 section 11 says,"any marriage solemnized after the commencement of this act shall be null and void and may,on a petition presented by either party thereto against the other party be so declared by a decree of nullity if it contravenes any one of the condition specified in clause (i), (iv) and (v) of section 5 ".
Thus a marriage will be void - 
(i) if any party to mariage has marriage living at the time of the marriage [section5(i)]
(ii) if the parties are within the degree of prohibited relationship unless the custom or usage governing each of them permits such a marriage [section5(iv)]
(iii) if the parties are sapindas of each others,unless the custom or usage governing each of them permits such a marriage [section5(v)]

2. Voidable marriage-A voidable marriage is a marriage which is valid for all purpose whatever unless it is annulled by the district court on the petition of the aggrieved party. Voidable marriage is exist and continues to Valid unless it is challenged.Section 12 of the Hindu marriage act deals with voidable marriage.

Section 12 lays down"any marriage solemnized,whether before or after the commencement of this act,shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely -
(i) that the marriage has not been consummated owning to the impotence of the respondent 
(ii) that the marriage is in contravention of the condition specified in clause(ii)of section5 [i.e. if either party suffers from unsoundness of mind at the time of marriage]
(iii) that the consent of the petitioner or where the consent of the guardain in marriage of the petitioner was required [under section 5,as it stood immediately before the commencement of the child marriage restrain (Amendment)Act,1978]
(iv) that the respondent was,at the time of the marriage,pregnant by some person other than the petitioner.

difference-between-void-and-voidable-marriage


Difference between void and voidable Marriage

Following are the point which differ void and voidable marriage

Void marriage -

(a) Section 11 of the Hindu marriage act deals with void marriage.
(b) Void marriage are unlawful.the court simply passes the decree of nullity since the marriage has no existence at all.
(c) In void marriage wife cannot claim maintenance under section 125 of Cr.P.C.
(d) Void marriage is void abinitio and nullity.
(e) Parties to a void marriage are criminally liable.
(f) Void marriage does not exist in the eye of law.

Voidable marriage -
(a) Section 12 of the Hindu marriage act deals with voidable marriage.
(b) The court passes the decree after taking into account necessary.
(c) In voidable marriage wife can claim maintenance according to law.
(d) A voidable marriage is a marriage which is valid for all purpose whatever unless it is annulled by the district court on the petetion of the aggrieved party.
(e) Parties to a voidable marriage are not laid down with penalty.
(f) Voidable marriage is exist and continues to Valid unless it is challenged.

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