Meaning of Void and Voidable Marriages
Under The Hindu Marriage Act, 1955, certain marriages are considered void, meaning that they are not legally recognized as valid marriages. These marriages are treated as if they never took place, and the parties to the marriage are not considered to be legally married.
Here are some marriages that are void under Indian law:
- Bigamy: If either party to a marriage is already married to someone else, the marriage is void.
- Incest: If the parties to a marriage are closely related by blood or adoption, the marriage is void.
- Mental incapacity: If either party to a marriage is unable to understand the nature and consequences of the marriage due to a mental disorder, the marriage is void.
- Fraud: If either party to a marriage has concealed a material fact from the other party, or has obtained the other party’s consent to the marriage through fraud, the marriage is void.
On the other hand, certain marriages are considered voidable, meaning that they are legally recognized as valid marriages until a court declares them to be void. These marriages can be annulled, or cancelled, by a court upon the request of one of the parties to the marriage.
Here are some marriages that are voidable under Indian law:
- Underage: If either party to a marriage is below the age of 18 at the time of the marriage, the marriage is voidable.
- Mental incapacity: If either party to a marriage was suffering from a mental disorder at the time of the marriage and was unable to understand the nature and consequences of the marriage, the marriage is voidable.
- Force: If either party to a marriage was forced into the marriage against their will, the marriage is voidable.
- Fraud: If either party to a marriage was induced into the marriage through fraud, the marriage is voidable.
The legal provisions regarding void and voidable marriages in India are contained in the following statutes:
- The Hindu Marriage Act, 1955 – This act applies to Hindus, Buddhists, Jains, and Sikhs, and sets out the conditions under which a marriage is void or voidable.
Section 11 of the act specifies that a marriage is void if it is solemnized between two parties who are not competent to marry each other.
Section 12 of the act specifies that a marriage is voidable if it is solemnized between two parties who are not competent to marry each other, and either party was unaware of the other party’s lack of competency at the time of the marriage.
Section 13 of the act specifies the grounds on which a marriage can be declared void or voidable, such as bigamy, incest, mental incapacity, and fraud.
- The Special Marriage Act, 1954 – This act applies to all citizens of India, regardless of their religion, and also to foreigners living in India. It sets out the conditions under which a marriage is void or voidable.
Section 5 of the act specifies that a marriage is void if it is solemnized between two parties who are not competent to marry each other.
Section 6 of the act specifies that a marriage is voidable if it is solemnized between two parties who are not competent to marry each other, and either party was unaware of the other party’s lack of competency at the time of the marriage.
Section 7 of the act specifies the grounds on which a marriage can be declared void or voidable, such as bigamy, incest, mental incapacity, and fraud.
- The Foreign Marriage Act, 1969 – This act applies to Indian citizens who marry a foreign national, and sets out the conditions under which a marriage is void or voidable.
Section 4 of the act specifies that a marriage is void if it is solemnized between two parties who are not competent to marry each other.
Section 5 of the act specifies that a marriage is voidable if it is solemnized between two parties who are not competent to marry each other, and either party was unaware of the other party’s lack of competency at the time of the marriage.
Section 6 of the act specifies the grounds on which a marriage can be declared void or voidable, such as bigamy, incest, mental incapacity, and fraud.
