INTRODUCTION
Marriage, whether it is considered as a contract or sacrament, confers a status of husband and wife on the parties to the marriage, legitimacy on the children born out the wedlock of marriage and gives rise to certain spousal rights and obligations of spouses.
Whereas there are certain grounds on which a marriage is considered void thus those are the grounds of nullity of marriage or we can call it grounds for void marriage.
Before starting the grounds of void marriage let me throw a light on what is void marriage.
VOID MARRIAGE
A void marriage is in real a misnomer, a contradiction. It is not a marriage at all but it is called marriage on the account of the fact that two persons having no capacity to marry have, in fact, undergone the necessary requisite rites and ceremonies of marriage.
A valid marriage gives the status of husband and wife, it also proves legitimacy of the children born out of the marriage but no such consequences flow from void marriage.
Void marriages are no marriage at all the there is no status of husband and wife, either of them are free to marry again without obtaining a decree of nullity and will not be held guilty of bigamy.
Since void marriage is no marriage, a decree of nullity is not necessary, when a court passes a decree of nullity in respect of a void marriage court merely declares a marriage null and void.
It is not the court which renders such marriage void, the court merely makes a judicial declaration of the fact in existence that is there is no such marriage existed between the spouses.
Grounds For Nullity Of Marriage
A marriage which is performed in violation of absolute hindrance is void.
The grounds of void marriage under the Indian personal laws are different, broadly speaking a marriage performed within prohibited degrees of relationship or a bigamous marriage except among the Muslims is regarded as void under all personal laws.
HINDU LAW:
Grounds of void marriage under Hindu law are as follows:
- If at the time of marriage either party has a living spouse.
- If the parties are sapindas to each other unless such marriage is permitted by custom.
- If the parties are within the prohibited degrees of relationship unless the marriage is permitted under the custom.
- If the necessary requisite or ceremonies have not been performed.
- Marriage between Hindu and non-Hinduis is void.
MUSLIM LAW:
A Muslim marriage is void if it is performed in violation of the conditions of :
- Consanguinity
- Affinity
- Fosterage
CHRISTIAN LAW:
Marriage void under the Indian Divorce Act
- Respondent was impotent at the time of marriage and at the time of institution of suit.
- Parties are within the prohibited degrees of consanguinity or affinity.
- Either party was idiot or lunatic at the time of marriage.
- The former husband or wife of either party was living at the time of marriage and the marriage with such former husband or wife was then in force .
- The consent of either party was obtained by force or fraud.
PARSI LAW:
Under the Parsi Marriage and Divorce Act, a marriage is void:
- If the parties are within the prohibited degrees of relationship of consanguinity or affinity.
- If necessary formalities of marriage have not been performed.
- If the male has not completed the age of 21 years and if a female has not completed the age of 18 years.
- Either party to the marriage was impotent.
SPECIAL MARRIAGE ACT:
Under special marriage act marriage is void on the following grounds :
- Either party has a spouse living at the time of marriage.
- Incapable of giving valid consent by each party at the time of marriage.
- The bride is below 18 years in age and bridegroom below 21 years at the time of marriage.
- Parties within prohibited degrees of relationship.
- Respondent was impotent at the time of institution of suit.
- Either party was lunatic or idiot at the time of marriage.
- No valid ceremony of marriage was performed between the parties.
- One or both of the parties were below the age of 21 years at the time of registration.
- Parties are within the prohibited degrees of relationship.
CONCLUSION
These are the grounds on which a marriage is considered void and no legal rights and duties flow from void marriage.
