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What Is The Difference Between Void And Voidable Marriage?

  • Writer: Lead India
    Lead India
  • Jul 20, 2023
  • 3 min read

The idea behind marriage is to establish a bond between the husband and wife. Marriage is an unbreakable religious bond. A Hindu marriage was acknowledged to be both a religious ceremony and a Sanskara (done as a purifying process) in accordance with Section 5 of the Hindu Marriage Act of 1955. Additionally, it was decided that any Hindu could get married.

The exceptions to this rule are the bans based on caste, gotra, religion, and family ties. A man is unable to marry a woman who is a member of his family or tribe, and he also cannot marry a member of another tribe. These principles serve as the foundation for this restriction. In accordance with the Hindu Marriage Act of 1955, endogamy and exogamy are forbidden.


Difference between Void and Voidable Marriage

  • Void marriages means that there exists no marriage. It is a union that was never intended to last whereas voidable marriages are one that either party to the union may end at their discretion. Until the moment that its legitimacy is contested, it is nevertheless applicable for all intents and purposes.

  • Section 11 of the Hindu Marriage Act of 1955 addresses void marriages whereas Section 12 of the Hindu Marriage Act of 1955 addresses voidable marriages.

  • In the eyes of the law, marriage does not exist according to void marriages whereas according to voidable marriages, unless it is contested, marriage exists and will always be recognised as valid.

  • In void marriages, the marriage has no legal standing, thus the court just grants the nullity ruling whereas in voidable marriages, the decree is approved by the court when all relevant conditions have been met.

  • Under void marriages, without a court-issued order of nullity, parties may remarry whereas under voidable marriages without a court-issued order of nullity, parties cannot remarry.

  • In void marriages, Section 125 of the CrPC prohibits a wife from claiming support whereas in voidable marriages under Section 125 of the CrPC a wife can claim for maintenance.

  • In void marriages, the marriage is void ab initio (null from the beginning) whereas in voidable marriages until and unless the appropriate court declares a marriage to be null and void, it is recognised as lawful.

  • Criminal liability applies to all parties to void marriages whereas parties to voidable marriages are not subject to criminal liability.

  • A third person that is impacted by void marriages may also file a lawsuit in civil court to have the marriage declared null and void whereas only the parties of a voidable marriages have the right to request an annulment.

  • In void marriages, for example, when a brother and sister have completed all the legal requirements for marriage and have begun living together as husband and wife, they cannot legally be considered husband and wife whereas in voidable marriages, for example, if the husband lacks the ability to get married because of his impotence. Now, the wife has the option to remain his wife and maintain the union. She may, however, choose not to get married and submit a petition to a court of competent jurisdiction asking for the marriage to be annulled or to be declared null and void.

Conclusion

A voidable marriage can be dissolved differently than a void marriage, which is an important distinction to make. As the void marriage is deemed void from the start, there is no need to file for divorce or have it annulled in such cases. In contrast, in a marriage that is voidable, either party may decide to ask for a divorce or an annulment to formally end the union.

The main distinction between void and voidable marriages lies in the fact that a void marriage is void from the beginning, whereas a voidable marriage is first valid but may be annulled under certain legal situations.

You will need the help of lawyers to prove your marriage as null and void marriage in the court. If you need the help of lawyers to process your Court marriage in Mumbai, then lawyers in Mumbai can be consulted. Similarly, lawyers in Ghaziabad can be consulted if you need the help of lawyers to process your Court marriage in Ghaziabad.

You can talk to a lawyer at Lead India for any kind of legal advice. In India, free legal advice online is available. Along with free legal advice online you can ask questions to experts online free in Lead India.


Call Us: +91–8800788535

Email: care@leadindia.law


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