Difference between Void Marriage and Voidable Marriage

Void marriage and Voidable marriage are two kinds of marriage. A void marriage is considered invalid from the beginning, while a voidable marriage is initially valid but can be annulled due to specific legal grounds. Creating a bond between a husband and wife is the idea behind marriage. Marriage is an unbreakable religious bond. Section 5 of the Hindu Marriage Act of 1955 recognized that a Hindu marriage was a Sanskara (performed as a cleansing procedure) in addition to a religious event.

What is Void Marriage?

A void marriage is considered legally invalid from the beginning, typically due to factors such as bigamy, incest, or lack of legal capacity to marry. Section 11 of the Hindu Marriage Act defines void marriages. It declares that a marriage shall be deemed null and void if any of the requirements listed in Section 5 clauses (i), (iv), and (v) are broken. The following are the requirements of the three clauses stated above:

• Neither bigamy nor polygamy should exist.
• It is not appropriate for the individuals involved in a marriage to be in a banned relationship unless their respective customs or usages allow for such a marriage.
• There is no sapinda relationship between the parties.

Key Features of Void Marriage:

• Provisions related to void marriage is provided under Section 11 of the Hindu Marriage Act 1955.
• According to void marriages, marriage does not exist in the eyes of the law.
• In void marriage, the marriage has no legal status and the court simply provides the nullity finding.
• Parties to void marriages are free to remarry without a court-issued order of nullity.

What is Voidable Marriage?

A voidable marriage is one that is valid unless challenged by one of the parties involved, usually due to factors like fraud, coercion, or incapacity. A marriage that is voidable by either party is called as voidable marriage. Both parties to a marriage have the option to dissolve the marriage until a petition to nullify the marriage is filed, it will remain legal. A competent court may declare the marriage null and unlawful in accordance with the Hindu Marriage Act 1955. The choice to keep the marriage intact or to declare it null and void must be made by the husband and wife, or other persons involved.

Section 12 of the Hindu Marriage Act lists the circumstances under which a marriage is deemed voidable by either party.

• Because one spouse is unable to complete a marriage, it remains unfulfilled.
• If one of the married parties is mentally incapable of providing consent.
• If the person in question has a mental illness or has had recurrent episodes of insanity.
• In the event that the woman is expecting a child at the time of her marriage, whether from her intended spouse or not.
• If either party’s permission was won through coercion or deceit.
• If the bridegroom is younger than 21 years old, if the bride is under 18 years old, or if any of the parties are minors

Key Features of Voidable Marriage:

• Section 12 of the Hindu Marriage Act of 1955 deals with voidable marriages.
• Under voidable marriages, marriage exists and will always be recognized as legal unless it is disputed.
• In voidable marriages, the decree is authorized by the court once all necessary circumstances are satisfied.
• Parties to voidable marriages are not free to remarry without a court-issued order of nullity.

Difference between Void Marriage and Voidable Marriage

Basis	Void marriage	Voidable marriage
Meaning	A marriage that is invalid is void marriage.	A marriage that is voidable at the option of either side is known as voidable marriage.
Relation Between Parties	A void marriage does not provide the couples any rights or duties toward one another because they do not become husband and wife.	In contrast, when a marriage is voidable, the parties become husband and wife and have reciprocal rights and duties that last until a court order dissolves the union.
Validity	Void ab initio is a marriage that is void. From the outset, it is nothing. To dissolve the null and invalid marriage, no court order is necessary. But if the parties want it, the court can simply issue an annulment judgment to declare a marriage null and invalid.	However, a voidable marriage does not cease to exist unless a judge orders it to be nullified.
Remarriage	Any of the parties to a void marriage are free to remarry without obtaining a court order voiding the union. Bigamy is not an attractive crime.	However, as the voidable marriage is still legally binding if it is not prevented, neither party may remarry without first securing a declaration declaring the marriage null and void or risk being charged with bigamy.
Wife Entitled for Maintenance	A wife who has a void marriage does not become a wife and is therefore not eligible to maintenance under section 125 of the Cr.P.C.	However, up until the marriage is dissolved by an order of declaration, the woman in a voidable marriage may be entitled for maintenance.
Right to Inheritance	When succession opens in a null marriage, neither party gets the right to inherit upon the death of the other.	If a voidable marriage is not dissolved, then either person will become entitled to inherit upon the death of the other when succession opens.
Children	In a null marriage, the children are regarded as legitimate.	The Supreme Court eliminated the difference that deemed children from a voidable marriage to be illegitimate, ruling that a kid cannot be considered illegitimate.

Conclusion

Prior to the Hindu Marriage Act 1955, there was no way for the parties involved in a marriage to end the union. The parties in an invalid or voidable marriage have recourse under Sections 11 and 12 of the Hindu Marriage Act, 1955. Following the passage of the 1976 Amendment Act, a child born out of a void or voidable marriage will be considered legitimate. Section 5 of the Hindu Marriage Act, 1955 specifies the conditions for a lawful marriage; a violation of these conditions results in an invalid or voidable marriage.

Void Marriage and Voidable Marriage- FAQs

How many types of marriages are there in Hindu law?

There are three types of marriage under Hindu law:

• Valid marriage
• Void marriage and,
• Voidable marriage.

Does void and voidable marriage creates any criminal liability?

While parties to voidable marriages are not subject to criminal culpability, all parties to void marriages are subject to criminal liability.

What are the consequences of a void marriage?

A declaration of nullity will take effect retroactively and treat the marriage as never having happened at all once it is declared.

What are the consequences of a voidable marriage?

Once a decree of nullity is issued, it cannot be applied retroactively, and the marriage will be considered legally dissolved as of the petition’s grant date.

Does a third party holds right to make a petition in case of a voidable marriage?

No, only parties to the marriage can make a valid petition in case of voidable marriage. The validity of the marriage can only be challenged during the lifetime of parties to the marriage.

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.