Null and void marriage in india

Amma v. Devi [2] , the court held that for the purpose of bringing social reform, the amendment act has conferred the status of legitimacy on the children who, if not awarded the title of legitimate children, will be treated as bastards. Though the children born out of a void or voidable marriage has been awarded the status of legitimacy but they have been given no birth right in the Hindu Joint Family Property and cannot claim any right in the coparcenary entities of the father.

But they can inherit the property of their father under Section 8 of the Hindu Succession Act, [3]. Yamunabai Anantrao Adhav v. Anantarao Shivram Adhav [4] : In this case, it has been held that a marriage which is in contravention of section 11 of Hindu Marriage Act, shall be treated as null and void from the time of its inception.

Bassappa v. Sidhagangamma [5] : It has been held by Karntaka High Court that a wife whose marriage has been declared null and void because it was in contravention to Section 5 i , iv or v is not entitled to claim maintenance as she does not have a status of wife under Section 18 of Hindu Adoption and Maintenance Act, Lila v.

Laxman [6] : It was held by Allahabad High court that a void marriage does not need a decree of nullity as it is no marriage in the eyes of law. A decree passed for void marriage is a mere declaration of nullity of marriage.

The court only makes the fact clear that there was no marriage between the parties. Rangabhattar v. Sariabai v. Komalsingh [8] : It was held that petition after eight years of marriage is barred by statute of limitation and cannot be entertained. Moina Khosla v. Amardeep Khosla [9] : In this case, the husband was not capable of interacting much with females and failed to have sexual intercourse with wife.

It was held that the wife was entitled to a decree of nullity of marriage. Gayatri Bai v. A marriage is voidable on either side of the party is known as voidable marriage. It will be valid unless the petition for invalidating the marriage is made. This marriage is to be declared void by a competent court under the Hindu Marriage Act, The parties of such marriage have to decide whether they want to go with such marriage or make it invalid.

The grounds where marriage can be termed as voidable:. Necessary conditions to be fulfilled by a petition under Section 12 for nullity of a Voidable Marriage. Prior to the Hindu Marriage Act, the parties to the marriage had no remedy to get out of the marriage. Section 11 and Section 12 of Hindu Marriage Act, is a remedy for the parties, who are in a void and voidable marriage. After the enactment of the Amendment Act, the child born out of void and voidable marriage shall be termed as legitimate.

There are certain grounds for valid marriage under Section 5 of the Hindu Marriage Act,, if someone violates it then it amounts to void marriage or voidable marriage. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills. LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:.

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Please enter your email address here Save my name, email, and website in this browser for the next time I comment. Check your mailbox for the joining link. From Bhawna Agarwal: [email protected]. It is a religious sacrament some time referred as contract between man and woman to live life together as husband and wife.

The concept of holy wedlock has given it religious sacramental status in religion. There is also Special Marriage Act, for certain marriages. Under muslim law marriage is a contract. Though the marriage is a holy wedlock for life but due to some complexity and prospective development in modern society there are legal grounds for the end of marriage, or nullify the marriage. Nullity of marriage is a legal declaration by the court that there was no existence of marriage between two people and marriage was not valid.

It is a declaration that supposed that marriage was never happened. Some time people get confused with nullity of marriage, divorce and judicial separation. There is difference between these three. Nullity of marriage is a judicial declaration that marriage was not in existence. It refers to the validity of marriage according to law.

It means that there was not a valid marriage has performed between the parties. Divorce is judicial declaration on the petition of the parties of marriage which led to the end of valid marriage. In divorce validity of marriage is not questioned but continuation of marriage is affected and there is end of a valid marriage. Judicial separation is judicial declaration on the petition of the parties of marriage to live separate under the status of marriage. It is not end of marriage. Duties and liabilities remain same towards each other.

For the hindus according to smrities marriage is an essential sanskar. It is a duty of one to perform this. Marriage was indissoluble and and essential to perform religious and spiritual responsibility. Before the parliamentary enactment there was no concept of end of marriage or nullity of marriage under hindu personal law and marriage it treated as holy and strong wedlock for whole life.

But after enforcement of Hindu Marriage Act, there are certain grounds on which marriage shall be declared null and void. Bride Groom parents intimated the bride parents that his son will be going to United States of America after marriage where as this is not known to the bride. After marriage on first day the bride got to know that he wants to go US back which the bride didnt like and decided to get seperated. What i want to get clarified is whether the example can be considered for null and void marirage.

Please respond me on high priority. You can file petition on the ground of impotency but before he leaves India and the notice from the court is served on him. In that case you can proceed exparte. That will be easy. Grounds for Nullity Proceedings in a Hindu Marriage. If a marriage has not been consummated due to impotence of either party. If the bride was pregnant at the time of the marriage by some person other than the bridegroom and the latter was not aware of it at the time of the marriage.

If the bridegroom knew of this before the marriage, the marriage cannot be nullified. If the consent of one of the parties to the marriage was obtained by fraud or force. Impotence should not be confused with ability to procreate. Due to vericocele probably your semen may not have adequate quantity of moving cells, and consequently the chances of impregnating may be less. But that cannot be called 'impotence'. Impotence according to my understanding is more to do with 'erection' and 'penetration'.

You have to take appropriate medical opinion to rebut the allegation. Give medical certificate about his impotency in a court. File a divorce petition on the ground of impotency but it will take some time to get order from the court. This is the best option for both of you and can be quickest too Advocate M. Bhadra 31 May You may file a suit for dissolution of marriage on nulity ground that the marriage was not consumated due to impotency.

After filing the said suit it would be decide ex-perte in absence of your husband. Divorce on mutual consent can not be filed due to mandetory provision of Marriage Act. Nageswara Rao Advocate 01 June Once the marriage is declared as void under S. From what you write, it appears that the boy's side want a divirce by mutual consent under S. You say that you got married in October