A man and a woman enter into a social and legal relationship through marriage, which is characterized as an institution that forges kinship between the couple. A form of a social structure known as kinship exists between individuals who are related via blood, marriage, or adoption. Marriage is a social union between two people which brings lots of rights and obligations within the relationship. Affection, companionship, cohabitation, shared property rights, and sexual connections are some of these rights and advantages.

Key Takeaways

• Marriage can be referred to as a legal union, which brings legal rights and obligations. For instance, marriage gives the husband and wife the right to the maintenance and inheritance of property.
• Marriage laws protect the fundamental rights of each partner in a marriage.
• The requirements for a valid marriage are outlined in Section 5 of the Hindu Marriage Act, 1955; a marriage that violates these requirements is either void or voidable.
• There are different marriage laws for people who follow different religions. Hindu weddings are governed by the Hindu Marriage Act of 1955; Christian marriages are governed by the Christian Marriage Act of 1872; and marriages between Parsis are governed by the Parsi Marriage and Divorce Act of 1936. Muslims are not bound by any explicit regulations about marriage but rather by their sacred writings.

What is Void Marriage?

A void marriage is one that is considered as illegal from the very beginning, usually because of bigamy, incest, or incapacity to marry. Section 11 of the Hindu Marriage Act defines void marriage.

Grounds of Void Marriage

The Hindu Marriage Act of 1955 distinguishes between marriages that are void and those that are voidable. It lists three reasons for a marriage to be considered void:

1. Sapinda Relationship: This rule says that you can’t marry someone who is closely related to you by blood. For example, you can’t marry your cousin, whether they’re related to you through your mom’s side (like your maternal uncle’s daughter) or your dad’s side (like your paternal aunt’s daughter).

2. Prohibited Relationship: This rule is broader. It means you can’t marry someone who is already related to you through marriage. For instance, you can’t marry your aunt or uncle, or your niece or nephew. It covers both blood relations and relations by marriage.

3. Remarriage: If you’re Hindu and your spouse is still alive, getting married again is against the rules. So, if your husband or wife is alive, you can’t legally marry someone else.

What is Voidable Marriage?

A voidable marriage is one that can be dissolved by any partner. A voidable marriage will remain lawful until a petition to invalidate the marriage is filed with the court. A capable court will deem this marriage void and illegal according to the guidelines set forth in the Hindu Marriage Act of 1955. The decision of whether to continue with the marriage or declare it null and void rests with the parties involved.

Grounds for Voidable Marriage

The Hindu Marriage Act allows marriages to be voided under certain conditions. These conditions include:

1. Impotency: If one spouse is unable to have sexual intercourse, the other spouse can request to end the marriage. This doesn’t refer to the inability to have children but specifically to the inability to engage in sexual relations.

2. Forced or Fraudulent Consent: If someone is pressured or deceived into getting married against their will or under false pretenses, they have the right to void the marriage. This means that if they didn’t agree to the marriage willingly, it can be cancelled.

3. Pre-Marriage Pregnancy: If the wife is pregnant from someone else before getting married, and her husband wasn’t aware of this situation at the time of marriage, the marriage can be annulled. This is because the husband unknowingly entered into a marriage under false assumptions about the wife’s condition.

4. Unsound Mind: If one of the spouses is mentally incapacitated or unable to make sound decisions, the marriage can be voided. This means that if someone is not mentally capable of understanding the implications of marriage, the marriage can be declared invalid.

Void and Voidable Marriages under Different Laws

Different laws govern void and voidable marriages across various religious and cultural contexts.

1. Hindu Religion

Void Marriage under Hindu Religion

It gives three reasons why a marriage is void:

• Descendant: Any marriage will be considered as null and void with any individual who is a descendant of the other up to the third generation in the line of descent through mother and the fifth generation in the line of descent through father, including the individual whose relationship is under scrutiny. It covers blood relatives; for instance, one cannot wed the daughter of one’s paternal or maternal uncle.
• Forbidden Connection: Second, no one may wed someone who fits the definition of a forbidden connection (that is, no one may wed someone with whom a marriage has created a relationship). For instance, an uncle and niece, or an aunt and nephew, cannot get married. Since it includes relationships based on blood as well as marriage, the idea of forbidden relationships is broader than sapinda relationships.
• Second Marriage: Hindu’s second marriage is null and void if it occurs while their first spouse is still alive.

Voidable Marriage under Hindu Religion

In addition, the Hindu Marriage Act lists four reasons why a marriage can be voidable:

• Impotency: One of the spouse may file for an annulment if the other is incapable of carrying out the marriage owing to impotence. In this context, impotency refers to the inability to engage in sexual activity rather than being barren or sterile (unable to conceive).
• Coercion: Second, the person who feels wronged may seek to have the marriage dissolved if the agreement to the marriage was acquired by coercion or deception.
• Pregnancy Before Marriage: Thirdly, another reason to declare a marriage voidable is if the wife became pregnant before being married—that is, if she became pregnant before being married by someone other than her spouse. However, at the time of marriage, the spouse must have been unaware of this reality.
• Unstable Mental Capacity: A voidable marriage may also result from mental infirmity.

2. Muslim Religion

Void Marriage under Muslim Religion

A void marriage is referred to as a “batil” marriage in Muslim law. The word “nullity” (non-existence) refers to a void marriage since the court just declares a marriage to be null and invalid; it does not exist at all. Reasons for nullifying a marriage include polyandry, consanguinity, affinity, and fosterage.

• Polyandry: A married woman who practices polyandry is prohibited from getting married again while her first marriage is still going strong.
• Consanguinity: Being consanguineous means that some blood relations are not allowed to marry. A Muslim, for instance, is not allowed to wed his mother, grandmother, daughter, grandchild, uncles and aunts from both parents, etc.
• Affinity: It refers to the forbidden marriage of specific individuals with whom a marriage has established a bond. For instance, after his marriage to his wife is completed, a Muslim is not allowed to marry his wife’s mother, grandmother, daughter (from a previous marriage), or granddaughter.
• Fostering: It is the process by which a woman who is not the kid’s mother and who has breastfed a child under the age of two is designated as the child’s foster mother.

Voidable Marriage under Muslim Religion

Muslim law recognizes the notion of irregular (fasid) weddings but does not recognize the concept of voidable marriages. That is an irregular marriage, which can become lawful upon the curing of the flaw. For instance, a fifth wife’s marriage is not normal, but it may become so if any of the previous four wives pass away or get a divorce from their husband. The Sunni community accepts irregular weddings; the Shia religion does not accept irregular weddings.

3. Christian Religion

Christians are governed under the Indian Divorce Act of 1869. Additionally, it covers the nullity of marriage. However, there is no distinction made by the Act between void and voidable marriages. It just specifies the conditions under which a marriage may be ruled void.

• Impotency: The party who feels wronged may get a judgment of nullity based on the other spouse’s impotence during the marriage.
• Forbidden Range: If the parties fall within the forbidden ranges of consanguinity or affinity, a decree of nullity may be obtained.
• Second Marriage: If either party’s former spouse was still alive at the time of the marriage, it may be dissolved.
• Insanity: If one or both of the parties were insane when they got married, the marriage might be dissolved.

4. Parsi Religion

This distinction between a void and voidable marriage is not given under the Parsi community. A declaration of the marriage’s nullity may be issued under the Parsi Marriage and Divorce Act, 1936, in the event that natural factors prevent the marriage from being consummated.

Conclusion

Marriage is a legal bond that comes with rights and responsibilities for both partners. Laws exist to safeguard these rights and ensure marriages are conducted properly. Void marriages are illegal from the start due to reasons like bigamy or close relations, while voidable marriages can be ended by either partner. Different religions have their own rules regarding marriage validity. For Hindus, void marriages include those with close relatives or bigamy, while voidable ones may result from impotence or coercion. Muslims prohibit marriages with certain blood relations or affinity. Christians and Parsis also have their own laws regarding marriage nullity. Overall, these legal distinctions aim to uphold the sanctity and legality of marriage, ensuring fairness and protection for all involved.

Concept of Void and Voidable Marriage- FAQs

What happens if a marriage is void?

The word “void” refers to something that is meaningless and unenforceable. A null and void marriage is deemed illegal from the start and is typically regarded by the law as having never taken place.

What are the signs that a marriage is null and void?

It is imperative that you speak with a family law professional if you believe your marriage may not be lawful. They can evaluate your particular circumstances and offer you legal guidance, including whether to file for a marital declaration of voidance or seek an annulment (for voidable marriages).

Who can make a petition for annulment under voidable marriage?

As long as a marriage is not revoked (put aside) by a court of law, it is considered voidable. The petition for annulment may only be submitted by the spouse who feels wronged by the union. The court may issue an order of nullity to dissolve the voidable marriage.

What is the legitimacy of children born out of a void or voidable marriage?

Section 16 of the Hindu Marriage Act, 1955 specifies the legitimacy of children born out of void and voidable marriages. Any children born out of a void marriage will be regarded as legitimate. Any child born in a marriage that is later deemed null and void by a court is also considered legitimate in a voidable marriage.

How may a void marriage be ended?

Once you are legally married, you can file for an annulment at any time. But in order to obtain an annulment, you have to provide evidence that the union is null and void or voidable.

Reference:

• Legal Studies, Class XI- NCERT
• INDIA CODE

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