Marriage

Null And Void Marriage

Overview

Marriage is regarded as a sacrament in Hindu law but it can be annulled by the Family court if the honorable court is satisfied that requisites of legal marriage were never fulfilled in that particular marital relationship. Nullity generally means void in nature or the thing which never existed. For a marriage to be legal, requisites of section 5 should be complied with, and if any scenario of void or voidable marriage occurs then under section 12 of the Act court provides the decree of nullity. Void and Voidable, both marriages can be annuled by the Court.

What Is Void And Voidable Marriage?

Void marriage is void ab initio, if it breaches any requirement of section 5 of the Hindu Marriage Act  and in this case no decree is required from the court for annulment of the marriage. On the contrary, court decree is required if the marriage is voidable i.e. have taken place with any of the following grounds:

 

  1. Marriage has not been consummated because of the impotence of the respondent
  2. Marriage is in contradiction or breach  of the condition specified in clause (ii) of section 5
  3. Consent was obtained by fraud or force.
  4. Respondent was at the time of the marriage pregnant by some other person.

 

Thus, petitioner can reach out to court under the above mentioned circumstances and ask for the annulment of the marriage

Other Annulment Grounds As Per Section 11

  1. At the time of the marriage in question, either partner was already married to someone else;
  2. Either of the spouses was too young to marry without court or parental authorization. 
  3. Either of the spouses was under the influence of drugs or alcohol at the time of the marriage. 
  4. Either of the spouse was mentally incompetent during the time of the marriage.
  5. If the consent to the marriage was obtained via fraud, deception, force.
  6. At the time of the marriage, either of the spouse was physically incapable of being married (usually, chronically unable to have sexual intercourse).
  7. The marriage was consummated between prohibited degrees of relationship.
  8. People who have been sentenced to life imprisonment are not allowed to marry.

Conditions To Be Fulfilled If Petition Is Filed For Nullity:

  1. Petitions must be filed within 1 year of finding out the fraud or force.
  2. Petitioner was not aware of the fact or allegation for which the petition is filed at the time of solemnization of marriage.
  3. No sexual relationship should be established post the knowledge of the alleged facts.

Difference Between Void And Voidable Marriage:

                 Void                Voidable
Parties does not have the status as husband and wife Parties have their status as       husband and wife
Wife loses the right to claim maintenance from the husband Wife can claim maintenance   from the husband
No decree for annulment is required Decree for annulment is   required

FAQs On Null And Void Marriages

How Lead India Can Help You?

  1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.   
  2. Expert Advice - Sometimes both partners need expert advice before filing for annulment decree. We have the most experienced & provide you with the best guidance before filing the petition.
  3. Zero Stress - The partners do not have to worry about the paperwork & complex process at the court. Our Associates will perform all these actions at the court. 
  4. Top Quality Lawyers - Lead India will help you to choose among the lawyers for your case. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating. 
  5. Track Your Case - We provide you the opportunity to track your cases from the online dashboard. You can easily track your case status, payment status, etc.