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Author Topic: Void Marriages  (Read 1070 times)

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Offline sskg2020

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Void Marriages
« on: July 09, 2013, 08:01:20 PM »
Section 11 in The Hindu Marriage Act, 1955 states about void marriages.
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 4[ against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

Thus a marriage will be void ab initio:

1.   If any party to marriage has a spouse living at the time of the marriage [Section 5(i)].
2.   If the parties are within the degree of prohibited relationship unless the custom or usage governing each of them permits such a marriage [Section 5(iv)].
3.   If the parties are sapindas of each other, unless the custom or usage governing each of them permits such a marriage [Section 5(v)].
Section 11 of this Act is prospective in nature. It is only applicable to marriages solemnised after the commencement of the Hindu Marriage Act, 1955.

Effect of Void marriages:

A void marriage is no marriage. It is void since its inception. No legal rights and duties flow from it. Therefore, the relationship of husband and wife does not come into existence from a void marriage. No declaration of the court is necessary to this effect. The issues from a void marriage are illegitimate unless legitimatised by law in some way. If one withdraws from the society of the other, the other party has no right to the restitution of conjugal rights. If one of them marries again, he or she is not guilty of bigamy and the validity of later marriage is not affected because of the first so called marriage.


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