DIFFERENCE BETWEEN VOID AND VOIDABLE MARRIAGES
A void marriage is no marriage. It is a marriage which does not exist from its beginning.
It is termed as marriage because two person undergo the ceremonies of marriage but due to some incompetency it is void.
If a brother and sister perform all the ceremonies of marriage and start living as husband and wife, they will not become husband and wife in the eyes of law even though they have performed the ceremonies of marriage.
GROUNDS OF VOID MARRIAGE
1. Bigamy (it means either party has a spouse living at the time of marriage)
2. When the parties are sapinda to each other (refer Section 3(f) of Hindu Marriage Act, 1955).
3. When the parties are within the prohibited degree of relationship (refer Section 3(g) of Hindu Marriage Act, 1955)
Other two cases in which marriage is void.
1. If proper ceremonies of marriage have not been performed.
2. If a marriage has been performed in violation of the requirement of Section 15 of Hindu Marriage Act. (15. Divorced persons when may marry again.)
(Given under Section 12 of Hindu Marriage Act, 1955)
A voidable marriage is perfectly valid marriage so long it is not avoided. It can be avoided only on the petition of one of the parties.
If one of the parties dies before the marriage is annulled, then no one can challenge the marriage. The marriage will remain valid forever.
GROUNDS OF VOIDABLE MARRIAGE
1. Marriage not consummated due to impotency of respondent.
2. Respondent is suffering from mental disorder as to be unfit for marriage and procreation of children.
3. Consent of the petitioner has been taken by fraud or force.
4. That the respondent was pregnant by some other person other than the petitioner.
Note: The ground is pre marriage pregnancy of the wife and not her unchastity.
Note: The children born out of void and voidable marriages are legitimate and in no case status of child can be questioned. (Section 16 of Hindu Marriage Act)
“Sapinda Relationship” with reference to any person extends as far as the third generation (inclusive) in the line of assent through the mother, and the fifth (inclusive) in the line of assent through the father, the line being traced upward in each case from the person concerned, who is to be counted as the first generation.
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Hope this short note was helpful.
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