void and voidable forms of marriages with case laws.... definition of marriage and its forms in family law with cases .....a quick revision note....

1. NEHA TIWARI
BALLB(Hons.)

2. What is marriage?
 Marriage, also
called matrimony or wedlock, is a
socially or ritually recognized union
between spouses that establishes
rights and obligations between those
spouses, as well as between them
and any resulting biological or
adopted children and affinity.

3. What is void and voidable marriage?
 A void marriage is invalid from its inception
because the parties lacked the capacity to
contract under state law. ... A voidable
marriage is treated under Missouri law as
valid for all civil purposes unless it is
annulled by decree. A voidable
marriage results from fraud, error, duress, or
other imperfect consent."

4. VOID MARRIAGE
Section: Section 11 of the Hindu marriage Act, 1955 deals
with void marriage.
A void marriage is a marriage which is unlawful or
invalid under the laws of the jurisdiction where it is entered.
A void marriage is "one that is void and invalid from its
beginning. It is as though the marriage never existed and it
requires no formality to terminate."

5. Six grounds to void marriage
 when a marriage is contracted by any party below eighteen (18) years of age
even with the consent of parents or guardian.
 when a marriage is solemnized by any person not legally authorized to
perform marriages, unless such marriage was contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
authority to do so
 when a marriage is solemnized without license, except those covered under
Title I, Chapter 2 of the Family Code
 when a marriage is bigamous or polygamous and not falling under Article 41
 when a marriage is contracted through mistake of one contracting party as to
the identity of the other
 when a marriage is contracted through mistake of one contracting party as to
the identity of the other

6. RELEVANT CASES
 Naurang Singh Chuni Singh vs Smt. Sapla Devi on 15 May,
1968
 Smt. Yamunabai Anantrao Adhav vs Anantrao Shivram Adhav
And ... on 22 April, 1982
 Lila Gupta vs Laxmi Narain & Ors on 4 May, 1978
 Shantaram Tukaran Patil And Anr. vs Dagubai Tukaram Patil
And Ors. on 9 January, 1987

7. voidable marriage
 Section: Section 12 of the Hindu
marriage Act, 1955 deals with voidable
marriage.
 A voidable marriage (also called an
avoidable marriage) is a marriage which
can be canceled at the option of one of the
parties. The marriage is valid but is subject
to cancellation if contested in court by one
of the parties to the marriage.

8. Such marriages can be annulled by a decree of
nullity on any of the following grounds :-
 That the marriage has not been consummated owing to the impotence of the
Respondent.
 That the marriage is been performed with a person of unsound mind or having a mental
disorder or suffering from recurrent attacks of epilepsy.
 That the consent of the Petitioner or its Guardian was obtained by force or by fraud as
to the nature of the ceremony or as to any material fact or circumstances concerning
the Respondent.
To succeed on this ground, it is necessary that the Petition must be presented in the
Court within one year after the force has ceased to operate or the fraud has been
discovered. It is also necessary that after the force has ceased or fraud discovered, the
Petitioner has not, with consent, lived with the other side.
 That the Respondent was at the time of marriage pregnant by some person other than
the Petitioner.

9. RELEVANT CASES
 G.Saravanan vs The Commissioner Of Police on 6 April, 2011
 V. Prema Kumari vs M. Palani on 19 October, 2011
 Madan vs The State Of Rajasthan And Anr. on 28 August, 1992
 Smt. Lajya Devi vs Smt. Kamla Devi on 21 May, 1992
 Revanasiddappa & Anr vs Mallikarjun & Ors on 31 March, 2011

10. Difference between void and
voidable forms of Marriage
• Meaning: A void marriage is no
marriage at all. It does not exist from
the very beginning.
• Section: Section 11 of the Hindu
marriage Act, 1955 deals with void
marriage.
• The court simply passes the decree of
nullity since the marriage has no
existence at all
• Wife cannot claim maintenance under
Section 125 of Cr.P.C
• Meaning: A voidable marriage is one
which can be avoided at the option of
one of the parties to the marriage. It
remains valid for all practical purposes
until and unless its validity is
questioned.
• Marriage exists and continues to be
valid unless it is challenged.
• The court passes the decree after
taking into account necessary
conditions
• Wife can claim maintenance.

11. Cont………
• Void marriage is void ab initio
• Parties to a void marriage are
criminally liable
• A voidable marriage is
as valid until the competent
court annuls it.
• Parties to voidable marriage
not laid down with penalty.