Difference Between Void And Voidable Marriage Under Hindu Marriage Act, 1955

Coverage of this Article

Key Takeaways

-Under Section 5 of the Hindu Marriage Act, 1955, certain conditions must be met for a marriage to be valid; if these conditions are not met, the marriage is considered void or voidable.

Introduction

-Marriage is defined as the establishment of a relationship between a husband and a wife. As per ancient Hindu Law, it is a religious covenant that cannot be shattered. A man was said to be incomplete without a bride by ancient writers.

Types of Marriage

Valid Marriage

-At the time of the marriage, neither of these spouses had a living spouse.

Nullity of marriage

-Section 5 of the Hindu Marriage Act of 1955, lays down the requirements for a lawful marriage.

Void Marriage(Section 11):

-The Hindu Marriage Act declares a marriage null and void if it fails to meet the requirements of Section 5 of the Hindu Marriage Act:

Bigamy

-If one of the parties has a living spouse at the time of marriage, then such marriage must be treated as null and void.

Prohibited Degree

-Unless the customs allow it, if the parties are in a prohibited relationship, then their marriage would be void.

Sapindas

-A sapinda marriage is one in which the parties are sapindas, or in other words, one in which the parties are each other’s relatives or members of the same family.

Consequences of a void marriage

-In a void marriage, the parties do not have the status of husband and wife.

Voidable Marriage

-A voidable marriage is one that can be dissolved. Unless a petition to invalidate the marriage is filed, it remains lawful. Under the Hindu Marriage Act of 1955, a competent court may declare this marriage null and void. The partners in such a marriage must determine whether they want to continue with it or get it declared null and void.

Legitimacy of children under void or voidable marriage

-Section 16 of the Hindu Marriage Act, 1955, provides legitimacy to children born out of the void and voidable marriages.

Conclusion

-Before the Hindu Marriage Act of 1955, the parties to a marriage had no way of getting out of it.

Key Takeaways

• Under Section 5 of the Hindu Marriage Act, 1955, certain conditions must be met for a marriage to be valid; if these conditions are not met, the marriage is considered void or voidable.
• The parties in a void and voidable marriage have recourse under Sections 11 and 12 of the Hindu Marriage Act, 1955.
• After the 1976 Amendment Act, a child born out of a void or voidable marriage would be considered legitimate.

Introduction

Marriage is defined as the establishment of a relationship between a husband and a wife. As per ancient Hindu Law, it is a religious covenant that cannot be shattered. A man was said to be incomplete without a bride by ancient writers. Marriage was created to allow a man and a woman to carry out religious duties together. According to Section 5 of the Hindu Marriage Act of 1955, a Hindu marriage is both a religious and a Sanskara ceremony (performed as a purification rite).

Types of Marriage

There are three types of marriages:

• Valid Marriage
• Void Marriage
• Voidable Marriage

Valid Marriage

Section 5 of the Hindu Marriage Act of 1955 lays down the requirements for a lawful marriage. A marriage is considered valid if it meets the following criteria:

• At the time of the marriage, neither of these spouses had a living spouse.
• Suffering from mental illness to the point of being unsuited for marriage and childbearing.
• There are no sapindas (blood relation) between the parties.
• Incapable of giving valid consent due to the unsoundness of mind.
• Age- The bridegroom must be 21 years or above and the bride must be 18 years or above.
• The parties are not in a degree of prohibited relationship.

Nullity of marriage

Section 5 of the Hindu Marriage Act of 1955, lays down the requirements for a lawful marriage. A marriage is considered valid if it meets the following criteria:

If there are any impediments (obstructions), the parties will be unable to marry. Absolute obstacles and relative impediments are the two sorts of obstructions that exist.

In absolute impediments, a fact exists that disqualifies a person from a valid marriage, and the marriage is void from the start, i.e. an invalid marriage. In relative obstacles, there is an impediment that prevents a person from marrying another person, and the marriage is voidable, meaning either side can opt-out.

Void Marriage(Section 11):

The Hindu Marriage Act declares a marriage null and void if it fails to meet the requirements of Section 5 of the Hindu Marriage Act:

1.Bigamy

If one of the parties has a living spouse at the time of marriage, then such marriage must be treated as null and void.

If there are three parties, 'A’, ‘B', and 'C', and 'A' has a living spouse, 'B,' but marries again to 'C,' this is known as bigamy, and it is nullified.

2. Prohibited Degree

Unless the customs allow it, if the parties are in a prohibited relationship, then their marriage would be void.

Suppose there are two parties, 'A' and 'B,' with 'A' being the husband and 'B' being his wife & they are both involved in a relationship that is prohibited under the law. This also leads to void marriage.

3. Sapindas

A sapinda marriage is one in which the parties are sapindas, or in other words, one in which the parties are each other’s relatives or members of the same family.

Illustration: Suppose there are two parties - 'A' and 'B', both are Sapinda by blood. Their marriage would be void.

Consequences of a void marriage

The following are the effects of a void marriage:

• In a void marriage, the parties do not have the status of husband and wife.
• In a void marriage, children are referred to as legitimate (Section 16 of the Hindu Marriage Act, 1955).
• There are no mutual rights or obligations.
• A wife does not have the right to claim maintenance in a void marriage.

Voidable Marriage

A voidable marriage is one that can be dissolved. Unless a petition to invalidate the marriage is filed, it remains lawful. Under the Hindu Marriage Act of 1955, a competent court may declare this marriage null and void. The partners in such a marriage must determine whether they want to continue with it or get it declared null and void.

The following are examples of grounds for declaring a marriage voidable:

1. Due to mental inability, the party to the marriage is unable to give consent.
2. The party is suffering from a mental illness at the time of marriage that prevented her from having children.
3. If the party has been subjected to multiple bouts of insanity.
4. If either party coerces or deceives the other into agreeing to marry.
5. If the bridegroom is under the age of 21, and/or the bride is under the age of 18, then the marriage will be voidable.
6. If the respondent is pregnant with someone other than the bridegroom's child at the time of the wedding.

Legitimacy of children under void or voidable marriage

• Section 16 of the Hindu Marriage Act, 1955, provides legitimacy to children born out of the void and voidable marriages.
• Any children born out of a void marriage are considered legitimate.
• Any child born of a marital relationship that is later declared invalid by a court is also considered legitimate in a voidable marriage.
• Even if the marriage is deemed null and void under Section 11 (void marriage) or Section 12 (null and void marriage), the child born from the marriage is considered legitimate.
• If the bride was pregnant prior to the marriage and gave birth to a child after the marriage, that child cannot be considered legitimate because it was not born out of the current marital relationship. As a result, the child born after the marriage but conceived prior to the marriage is to be considered illegitimate.

Conclusion

Before the Hindu Marriage Act of 1955, the parties to a marriage had no way of getting out of it. The parties in a void and voidable marriage have recourse under Sections 11 and 12 of the Hindu Marriage Act, 1955. After the 1976 Amendment Act, a child born out of a void or voidable marriage would be considered legitimate. Under Section 5 of the Hindu Marriage Act, 1955, certain conditions must be met in order for a marriage to be valid; if these conditions are not met, the marriage is considered void or voidable.