Void Marriages :- A Marriage is automatically void and is automatically annulled when it is prohibited by law. Section 11 of Hindu Marriage Act, 1955 deals with:
Void marriages :- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 mentioned above.
Bigamy :- If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary.
Interfamily Marriage :- A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption is void.
Marriage between Close Relatives :- A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriage permitted by the established customs.
Voidable Marriages :- A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud
Section 12 of Hindu Marriage Act, 1955 deals with
Voidable Marriages :-
(1) Any marriage, solemnized, whether before or after the commencement of This Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent, or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent or.
(d) that the respondent was at the the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case maybe, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before commencement of this Act within one year of such commencement and in the case of marria solemnized after such commencement within one year from the date of the marriage; and
(ii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.
Impotency – If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have sexual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, there are grounds for an annulment. The inability must continue and must exist at the time of suit.
Lack of Mental Capacity – If the court finds that either spouse did not have ability to understand the nature of the marriage contract or the duties and responsibilities of the marriage contract, then there may be grounds for an annulment. However, if the spouse who did not have the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply. This particular ground most often applies to someone who has been mentally ill or who has suffered from mental or emotional disorder.
A Party was Under the Age of Consent – If you were married while you are under the legal age, your marriage may be annulled. The legal age for boys sis 21 years and for girls is 18 years. A marriage by an underage party may become legally binding and incapable of annulment if the cohabitation of the parties as husband and wife contimes voluntarily after the person reached the age of consent.
Fraud or Force – If the consent there are it to the marriage contract was obtained either by fraud or force, then grounds for an annulment. Fraud is simply not telling the truth in order to induce the other party to enter into the marriage contract. Whether the failure to tell the truth will be grounds for annulment depends of the facts of the case. Force implies the use of or threat of the use of physicalviolence to make a person get married. The person who has been threatened or deceived about themarriage contract continues to live with the spouse after the discovery of the fraud or the deception or after being forced into the marriage, it is possible that this ground will not apply.
Section 11 provides the grounds what make a Hindu marriage void On the other hand section 12 enumerates the grounds of voidable marriage .There is gulf difference in between the void and voidable marriage.
Void Marriage :-
1.Void Marriage.In a void marriage, the parties do not acquire any status of husband and wife as such it does not confer any mutual rights and obligations upon the parties.
2.A void marriage is void ab initio. It is void from the very beginning. No decree of Court is required to annul the void 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 status of wife.
5.In void marriage, neither of the parties acquire right of inheritance on the death of other party when succession opens.
Voidable Marriage :-
1. On the other hand, in a voidable marriage the parties acquire status of husband and wife and it confers mutual rights and obligations upon the parties for all purposes until a decree of court annuls it.
2. But a voidable marriage remains perfectly valid unless it is avoided by a decree of court nullifying it.
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.