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The nature of marriage for Hindus was radically changed by the passage of the Hindu Marriage Act (1955), the Special Marriage Act, 1954, which brought marriage into the realm of civil law. It was further changed in 1983 by addition of section 498A to the Indian Penal Code , which aimed to protect married women from cruel treatment by husbands ...
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 a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. 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.
Henry Sumner Maine first introduced Act III of 1872, which would permit any dissenters to marry whomever they choose under a new civil marriage law. In the final wording, the law sought to legitimize marriages for those willing to renounce their profession of faith altogether ("I do not profess the Hindu, Christian, Jewish, etc. religion").
While there may be a permanence of certain fundamental beliefs about the nature of life that is pervasive through Hinduism, Hindus as a group are highly non-homogenous.As Derrett says in his book on Hindu law, "We find the Hindus to be as diverse in race, psychology, habitat, employment and way of life as any collection of human beings that might be gathered from the ends of the earth."
Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the Family Law Act 1975 (Cth.) a decree of nullity can only be made if a marriage is void. [22] A marriage is void if: [23] [24] [25] one or both of the parties were already married at the time (i.e. bigamy)
Christian and a non-Christian can marry, but only under the provisions. Dismissing the man's appeal, the apex court upheld the High Court’s view that the marriage was not valid under the HMA, specifically pointing to the fact that Section 5 of the HMA makes it clear that the marital union may be solemnized between any two Hindus only if the ...
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 ]