Void marriage in hindu law. void of marriage 2019-02-07

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Hindu Marriage

void marriage in hindu law

Voidable Marriages A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. His niece or great niece no matter how low in lineage. There is no process recognized or prescribed in law whereby such marriage can be validated. Ram Nandini, pointing out the distinction between void and voidable marriage, Deokinandan Agrawal, J. If there exist, absolute disablements or impairments, a marriage is void ab initio. But the Law Commission has criticised this view and observed that section is not meant for granting legitimacy to the offsprings of the marriage but aims at providing relief to the parties of such marriage.

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Hindu Marriage Act

void marriage in hindu law

Section 11 provides that such marriage shall be null and void. What are the provisions relating to maintenance of the wife in void marriages? The marriage must be effected immediately. A marriage under Muslim law is irregular under case such as when a Sunni marriage is performed without witnesses, a marriage performed with a woman undergoing iddat, a marriage prohibited on account of difference of religion, a marriage with fifth wife and a marriage performed in violation of the rule against unlawful conjugation. Such marriages are outcome of forced consent, plurality keeping of more than one wife of husband and also includes marriages that are prohibited on the ground of consanguinity. Under parsi law the marriage is void if any party is below requisite age of marriage. The annulment procedure is similar to that of a standard divorce.


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Difference between ‘Void’ and ‘Voidable’ Marriages under Hindu Law

void marriage in hindu law

Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. The grounds for marriage annulment are stated in the petition. . This was contrary to the Hindu view of family, where married daughters were regarded as belonging to the family of their husband, not to the family of their father. A Hindu marriage joins two individuals for life, so that they can pursue dharma duty , artha possessions , kama physical desires , and moksa ultimate spiritual release together. Remarriage Remarriage is possible once a marriage has been dissolved by a decree of divorce and no longer able to be appealed whether there was no right of appeal in the first place, or whether the time for appealing has expired, or whether an appeal has been presented but dismissed.


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Hindu Marriage

void marriage in hindu law

Irregular is not the same as voidable under English law or Hindu law. A Marriage Arya Samaj Marriage or an arranged Marriage is directly registered by the Registrar of Marriage under section 8 of Hindu Marriage Act-1955 on the same working day. This kind of suit will be only under the Specific Relief Act, 1963. Age to the parties Sec 5 Clause 3 At the time of marriage the bridegroom has completed the age of 21 years and the bride the age of 18 years. Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.

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Void Marriages under Muslim Law

void marriage in hindu law

Fraud is simply not telling the truth in order to induce the other party to enter into the marriage contract. Distinction between void and voidable marriage Marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. Wife of his father or paternal grand-father no matter how high in lineage. When a custom is relied upon, it must be a valid custom, unbroken in the community. His aunt fathers sister, mothers sister or great aunt, no matter how high in lineage can be both paternal or maternal. In such marriages performance of religious rituals does not attach any meaning to it.

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Annulment of Marriage under Hindu Law

void marriage in hindu law

A person who is fighting divorce or who has some notary divorce or customary divorce, when such custom is not established, cannot be said to be in a legal marriage. The first wife, during the subsistence of whose marriage the husband takes the second wife, has no right to move for a declaration of nullity of the subsequent marriage under this Section. What Is Annulment Of Marriage In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. Sunita Anand, the court held that false particulars in bio data based upon which the marriage was solemnized amounts fraud and the aggrieved party may annul the marriage. Section 12 of Hindu Marriage Act, 1955 deals with Voidable Marriages- 1 Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- a that the marriage has not been consummated owing to the impotency of the respondent; or b that the marriage is in contravention of the condition specified in clause ii of Section 5; or c that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint Amendment Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or d that the respondent was at the time of the marriage pregnant by some person other than the petitioner. Under the Hindu Marriage Act, there is provision for permanent alimony or allowance. If at the time of the performance of the marriage rites and ceremonies either party has a spouse living and the earlier marriage had not already been set aside, the later marriage is void.

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Difference between ‘Void’ and ‘Voidable’ Marriages under Hindu Law

void marriage in hindu law

But that it is not the point of this article. That is why it is quite just and reasonable that a party whose consent is not free should be permitted to come out of the wedlock. However, mere pressure or strong advice, persuasion etc. A marriage can be annulled only if it is void or voidable in law. His mother or grandmother no matter how high in lineage. The colours are normally red and gold.

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Distinction between void and voidable marriage

void marriage in hindu law

This view is sharply in contrast to the prevailing view, as expressed in Bajirao v. A voidable marriage has on its annulment practically the same consequences as void marriage. This was an amendment that increased the minimum age requirement for marriage in order to prevent child marriages. If marriage has been consummated it will be considered, the wife has to undergo idda of three courses as she would have done on occasion of dissolution of marriage, either by death or divorce. The marriage is void in both Christian law and Parsi law when either party to the marriage was impotent in case of Parsi law and when respondent was impotent at the time of marriage and at the time of institution of suit in case of Christian law.


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Void and voidable marriage under Hindu Law

void marriage in hindu law

It nullifies the marriage, returning the parties to their prior single status. This could be a one off payment, or a periodical such as monthly payment. Radha Devi, the Patna High Court ruled that the first wife could obtain a perpetual injunction to prevent the second marriage of her husband under Section 9 of the Civil Procedure Code and Section 54 of the Specific Relief Act. It is not a valid marriage to begin with but can be fully validated by removing the impediment. Section 12 of Hindu Marriage Act contains relevant provisions of Voidable Marriage. Annulment is a legal procedure for declaring a marriage null and void. The Punjab High Court in Krishnan Devi v.

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