The parties may ratify a voidable marriage upon removal of the impediment preventing a lawful marriage, thus making the union valid. Such a marriage may be subject to attack through an ANNULMENT or may be ratified when the under-age party reaches the age of consent.

What does void mean in marriage?

Void marriages A void marriage is one that will be treated by the courts as never having taken place, ie void from the outset. It is not necessary to obtain a decree annulling a void marriage, that merely confirms that the marriage has never been valid.

What are the grounds for finding a marriage void?

The grounds on which a marriage is void

• The grounds on which a marriage is void.
• The marriage is not a valid marriage under the provisions of the Marriages Acts 1949 to 1986.
• The parties are within the prohibited degrees.
• Either of the parties is under the age of 16 years.

What is a putative wife?

The person who is unaware his spouse is already married is called the “putative spouse.” In jurisdictions that recognize the putative spouse doctrine, the putative spouse will be entitled to marital property rights along with the legal spouse, that is, both spouses will share the property rights.

How do you null and void a marriage?

A marriage can be held null and void if the respondent was impotent at the time of marriage and at the time of the institution of the suit; or the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity; or either party was a lunatic or idiot at the time of the marriage; or the …

What is the difference between void and voidable marriage?

Difference between Void and Voidable Marriage In a void marriage, the parties do not have the status of husband and wife. In a voidable marriage decree of nullity is required. A void marriage is none in the eyes of law. A void marriage is to be declared void by a competent court.

Which are the three grounds for void marriage?

Following are the grounds which shall render a marriage void:

• Bigamy: The first condition for valid Hindu marriage is that none of the parties to the marriage shall have a spouse living it the time of their marriage.
• Persons falling within degrees of prohibited relationships:
• Sapinda relations:

Are there any laws for voiding a marriage?

Now, Section 11 and 12 of the Act is a remedy for parties who are in a void or voidable marriage. Moreover, with the enactment of Amendment Act, 1976, the children born out of a voidable or void marriage are also awarded a title of legitimacy.

Can a Hindu marriage be declared void by a court?

These marriages can be held voidable by the decree of nullity by the court under Section of Hindu Marriage Act, 1955. The parties to such marriage have to decide whether they want to continue with such marriage or want annulment of the same. a) The party to a marriage was incapable of giving consent due to unsoundness of mind.

What happens if a marriage is void ab initio?

Marriage which is void ab initio does not effect or alter the status of party and neither party is under any obligation to seek declaration of nullity. Where a woman was married to a person having his spouse living, marriage is void under section 5 of the Act, 1955. Woman cannot be treated as spouse and included in family unit.

Is it better to get a marriage declared null and void?

With all due respect to Courts which have delivered the above judgements, it is submitted that it is always better to get a marriage formally declared null and void by a Court of competent jurisdiction so that the fact of solemnisation of marriage (though void ab initio) is countermanded by the subsequent act of getting that marriage annulled.