Void Marriage(शून्य विवाह)✨:-
(1) In a void marriage, the parties do notacquire any status of husband and wifeas such it does not confer any mutualrights and obligations upon the parties.
(2) A void marriage is void ab initio. It isvoid from the very beginning. Nodecree of Court is required to annulvoid marriage. However, if parties so wishes, a void marriage is merely declared by the court as void by a decree of annulment.
(3) In a void marriage, either of the parties to the marriage may marry again without getting a decree declaring the marriage void. The offence of bigamy is not attracted.
(4) In a void marriage, a wife is not entitled to claim maintenance under section 125 of Cr.P.C as she acquires no statusof wife.In void marriage, neither of the parties acquire right of inheritance on the death of other party when succession opens.
Voidable Marriage(शून्यकरणीय विवाह):-
(1) On the other hand, in a voidable marriage theparties acquire status of husband and wife and itconfers mutual rights and obligations upon theparties for all purposes until a decree of courtannuls it.
(2) But a voidable marriage remains perfectly validunless it is avoided by a decree of court nullifyingit.
(3) On the other hand, as the voidable marriage is valid unless avoided, neither of the parties can marry again without obtaining a decree of nullity of marriage or else the offence of bigamy is attracted.
(4) But in a voidable marriage, the wife can claim maintenance until the marriage is annulled by a decree of declaration.
(5) In case of voidable marriage, either of the parties acquire right of inheritance on the death of other party when succession opens, if the marriage is not annulled.