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A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the ...
The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
Allegedly, Raj had misinformed everyone about his social status and religion and Pavani filed a case upon learning the truth. The High Court upheld her plea and said the marriage was void as the HMA postulated only between Hindus; following this, Raj, filed a special leave petition (SLP) in the apex court.
The Marriage Laws (Amendment) Bill, 2010 to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce easier on the grounds of irretrievable breakdown of marriage, was introduced in the parliament in 2012. The Bill replaces the words "not earlier than six months" in Section 13B with the words "Upon receipt of a ...
However, the Hindu Marriage Act requires that both the bride and the bridegroom belong only to Hinduism, Sikhism, Jainism, Buddhism, to the exclusion of non-Indian religions, and if any of the two parties converts to any non-Hindu and non-Vedic religion, the marriage automatically becomes null and void. [35]
Voidable marriage: (Section 3 ) Every child marriage is voidable at the option of the contracting party who was child at the time of solemnization of marriage. A Decree of nullity can be obtained by such person by filing petition before the District court for annulment of marriage within 2 years after attaining majority. [ 11 ]
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.