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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.
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.
The Supreme Court of India exercised its powers under Article 142 of the Constitution of India and ruled in August 2012 that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, 1955. Section 13-B of the Hindu Marriage Act provides for the couple seeking divorce through ...
An Indian state has approved an unprecedented uniform code for marriage, divorce, adoption and inheritance for Hindus, Muslims and other religious communities under new legislation that also ...
A difference exists between a void marriage and a voidable marriage. 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 ...
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.
In India, when a Hindu and a non-Hindu marry under the Hindu Marriage Act and for the Hindu marriage to be valid, both partners must be Hindu amongst other conditions that also need to be fulfilled, and the non-Hindu partner must convert to Hinduism.
The Marriage Laws Amendment Bill is a Bill that was first introduced in the Indian Parliament in 2010. It proposes changes to the Hindu Marriage Act, 1955 and Special Marriage Act, 1954 . Both acts has a provision for divorce by mutual consensus of both the parties.