Voidable Marriages in India

Although marriages are powerful unions, all marriages are not meant to last forever. A marriage that satisfies all the requirements for a valid marriage i.e. parties have the status of husband and wife, the children are legal, and all rights and obligations emerge between the parties until it is avoided by a petition filed by one or both of the parties to the court. The grounds for voidable marriages are frequently revived as grounds for void marriages. However, the distinction between them is significant. A void marriage is void since the very beginning i.e., void ab intio. A voidable marriage, on the other hand, is valid until it is avoided by either party. When a marriage is void, neither the marital status nor the partners' rights or obligations change. However, in a voidable marriage spouses are required to spouse as husband and wife by both the law and social convention. A void marriage is not enforced by law, but a voidable marriage is a valid marriage in the view of law until it is avoided. This article will delve into what is voidable marriages and elucidate why it's important to understand them in the challenging society we live in today.
 

Provision of Void and Voidable Marriages under the Hindu Marriage Act, of 1955 Void Marriages (Section 11)

A marriage that is regarded invalid from the very beginning is called void marriage or unlawful marriage. It is termed a marriage because of all the wedding ceremonies performed between the parties. If a marriage stops working as per the essentials of Section 5 of the Hindu Marriage Act, it is believed null and void-

Bigamy

If either of the parties had a spouse who had an illegal intimate relationship at the time of marriage. It should be regarded as void and meaningless. For instance, A, B, and C are the three parties. If A marries C after having a living partner named B, this is referred to as bigamy and is null and void.

Prohibited Degree

If the parties are in an illegal relationship unless local traditions permit it. Example: In this scenario, & quot B& quot represents the husband, and & quot C& quot represents the wife. Both of them committed a relationship that was illegal according to the law. This marriage may also be known as a & quot void marriage.& quot

Sapindas

A marriage of sapindas, or, in other words, a marriage of those who are related to the same family.

As an example, let's say there are two parties, A and B, where A is the husband and B is the wife, who is either A's blood relative or near relative, also known as Sapinda. Thus, this process will be regarded as meaningless.
 

Grounds for Voidable Marriages:

Lack of Consent or Capacity:

The marriage may be voidable if one or both parties lack the required capacity or consent to enter into the marriage. This category includes coerced and forced marriages. In this one person is forced to wed against their will. Marriages between the insane and minor Similarly to this, marriages between the insane and minor are to be ruled voidable.

Fraud and Misrepresentation:

Marriages based on fraud and misrepresentation are grounds for annulment. A marriage may be voidable if required information is withheld, such as a serious ailment or past marriages that are not declared. Also, it calls into question the voluntary consent necessary for a legal marriage if either party had false intentions at the time of the marriage.

Impotence and Infertility:

A marriage may be broken up due to impotence, which is the inability to consummate the marriage or secret infertility. The importance of Legal proof is necessary in these situations for proving the legality of the relationships.

Bigamy and Polygamy:

In some circumstances, the legal repercussions may also extend to subsequent marriages because bigamy or polygamy are immediately regarded as illegitimate. Marriage must typically be dissolved to protect each party's rights and sort out the complex web of legal responsibilities.

The Annulment Process: -

Seeking an annulment is a legal process that varies from jurisdiction to jurisdiction, but certain aspects remain consistent. Understanding how to obtain an annulment is essential for those seeking to dissolve a voidable marriage. Timeframes and statutes of limitations can affect the eligibility for an annulment, making timely action imperative.

An annulment is a legal process that dissolves the marriage between two people. An annulment declares that a marriage never took place and was never legal, giving the impression that it has completely vanished. When a marriage is declared to be voidable, the term & quot marriage annulment& quot is used. In contrast to a divorce, an annulment completely nullifies the marriage. The process declares the union null and void, just as if it had never existed.

• Under Section 12 of the Hindu Marriage Act, such an annulment of a marriage petition may be submitted.
• A district court will hear requests for marital annulments from either spouse.
• The petition may be filed in either party's place of birth, place of marriage, or the place the couple last lived together.
• If none of this option is available the petitioner may be required to remain in a place for at least 90 days prior to submitting an annulment request.
• The petitioner is next required to give their attorney a set of papers. This paperwork is comparable to those that are given in a divorce situation.
• The matter will then move forward after that.
• The petitioner will be granted an annulment declaration confirming the dissolution of the marriage if the necessary conditions are met.

Effects of Annulment:

An annulment of a voidable marriage has significant aftereffects beyond the marriage annulment. Decisions regarding child support and custody may be influenced by the status of any children born during the marriage. Financial and property rights may be reassessed once a marriage is dissolved.

An annulment may not be affected by spousal maintenance and alimony, which are typically awarded during divorce proceedings however, this can vary depending on the jurisdiction and the particular circumstances. It's crucial to take into account the emotional and social implications of a marital annulment because it can be difficult and painful for the persons involved.

Difference between Void and Voidable Marriage -

• In a void marriage, a wife does not have the right to claim maintenance whereas in a voidable marriage, she has the right to claim maintenance.
• The parties do not have the status of husband and wife whereas, the parties have the status of husband and wife in voidable marriages.
• In the eyes of the law, a void marriage has no value whereas a voidable marriage has to be declared void by a competent court.
• In a void marriage, the decree of nullity is not needed whereas for a voidable marriage decree of nullity is required.
• Children born out of a void marriage are treated as legal whereas at first they were treated illegally in a voidable marriage but now as per the Supreme Court, they are to be treated as legal.

Voidable marriages involve particular legal difficulties that call for awareness and comprehension to safeguard people's rights and interests. Although it is impossible to count on every potential problem that could arise in a marriage, there are assertive measures that people can take to safeguard themselves. Important issues can be addressed in advance through pre-marital counseling and agreements, which can also lay forth expectations and protect individual rights.

People can more successfully traverse the complexities of marriage law if they are aware of the reasons why marriages are voidable and are aware of the annulment procedure and its consequences. Voidable marriages can be prevented by making sure the marriage ceremony is conducted legally and correctly. To avoid potential difficulties and ensure a more secure and enjoyable marital journey, legal understanding and proactive steps are crucial.

Why you need a lawyer in cases of voidable marriages

Seeking a marriage dissolution is a stressful time for the parties and the people connected to them. As a result, it is advised to contact a divorce lawyer to obtain an annulment decision. You will need to provide the lawyer with details on this issue, and they will handle all the paperwork, saving up your time to take care of yourself and your family.

As they have dealt with numerous instances similar to yours over the years, an experienced divorce lawyer can provide you advice on how to handle the annulment of your marriage.

In addition, you may also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers.

A divorce lawyer, who is knowledgeable about the laws, can assist you in avoiding serious errors. Therefore, a person can ensure that they can avoid delay and accomplish the annulment as swiftly as possible by hiring an attorney.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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