Distinction between void and void able Marriage - There is some confusion in
the use of terms "nullify" and annulment ". English court has often applied the
term" nullify " to voidable as well as to void Marriage. Similarly, they have
also not confined the term " nullify to voidable as well as to void Marriage.
Similarly, they have also not confined the term " annulment" to voidable
marriages. Strictly speaking, nullity is the term applicable to void marriages
and annulment to voidable marriage s.
Distinction between void and voidable marriage is very material. A void marriage
is void av initio. It does not alter the status of parties - they do not become
husband and wife, and it does not give rise to mutual rights and obligations of
A void marriage being no marriage, the court merely passes a decree declaring
the marriage as void, while a voidable marriage is annulled by decree annulling
it is passed. But a voidable marriage will remain a valid marriage till a decree
annulling it is passed.
The parties to a void marriage may perform another marriage without getting a
decree declaring their marriage as void, and neither will be guilty of bigamy. A
wife of void marriage cannot claim maintenance u/s 125 Crpc ,1973, as she has no
status of wife ,but a wife of voidable marriage can do so.