Void and voidable
Guest
(Querist) 17 January 2012
This query is : Resolved
What is the difference between null and void and voidable marriage.
The nullification of marriage under sec25 of Special marriage act Null and void or Voidable ?
Pls reply me
Advocate. Arunagiri
(Expert) 17 January 2012
The act itself clearly says it is voidable. then what is the doubt.
see the act is enclosed. get your doubts cleared.
Nadeem Qureshi
(Expert) 17 January 2012
Dear Querist
according to section 25, it is very clear if you read the head noted or title of the section "Voidable marriage"
25. Voidable marriages. Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if-
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872 ) Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,-
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
1. Subs. by Act 68 of 1976, s. 25, for certain words.
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
Feel Free to Call
Shonee Kapoor
(Expert) 17 January 2012
The act itself is clear on this.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 18 January 2012
Yes do read the Act as attached herein above. There is no ambiguity in it.
If you feel any then come with specific point not in general.
Raj Kumar Makkad
(Expert) 18 January 2012
Much has already been opined so nothing seems to be added.
