What is the difference between void and voidable marriage?
What is the difference between void and voidable marriage?
As void marriages are considered unlawful in themselves, they do not need any formalities to be terminated. On the other hand, a voidable marriage is one that is flawed in its validity but continues to exist. Voidable marriages will be invalid only after one party applies to court to have the marriage declared void.
Which are the three grounds for void marriage?
Following are the grounds which shall render a marriage void:
- Bigamy: The first condition for valid Hindu marriage is that none of the parties to the marriage shall have a spouse living it the time of their marriage.
- Persons falling within degrees of prohibited relationships:
- Sapinda relations:
Which of the following is no longer a ground of voidable marriage?
These are: Inability of the respondent to consummate the marriage on account of his or her impotency. Respondent’s incapacity to consent or suffering from a mental disorder. Consent of the petitioner being obtained by fraud or force.
What is meant by voidable marriage?
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
When can a marriage be declared voidable?
A marriage is voidable if it can be ‘cancelled’ on the application of one of the spouses for a specified reason as set out in section 12 of the MCA. For instance: One party may be unable to consummate the marriage, or has refused to do so. One of the parties lacked consent.
Which of the following is an example of a voidable marriage?
Examples of voidable marriages include those in which a party was incompetent at the time or marriage or a marriage made under fraud or duress. Recent case law also determined that a marriage that did not conform to statutory licensing requirements was voidable rather than simply void.
What are the effects of void marriage?
Consequences of a Void Marriage The consequences of void marriage are: The parties don’t have the position of husband and wife in a void marriage. Childrens are called legitimate in a void marriage (Section 16 of Hindu Marriage Act, 1955). Mutual rights and obligations are not present in a void marriage.
What makes a contract void?
A contract may be deemed void should the terms require one or both parties to participate in an illegal act, or if a party becomes incapable of meeting the terms. Alternatively, a contract is voidable when one or both parties were not legally capable of entering into the agreement, such as when one party is a minor.
Who can marry under special marriage?
In other words, the resulting marriage should be monogamous for both parties. The groom must be at least 21 years old; the bride must be at least 18 years old. The parties should be competent in regard to their mental capacity to the extent that they are able to give valid consent for the marriage.
Can Brahmin marry Jain?
Fortunately, just like the other castes of Hinduism, modern Jains usually won’t be prohibited from marrying a Brahmin. In fact, it may be easier for a Jain-Brahmin marriage to occur. However, the same caveats still apply. Gender can play a large part in Brahmin-Jain marriages, too.
Can two different religions marry?
Interfaith marriage, sometimes called a “mixed marriage”, is marriage between spouses professing different religions. In an interfaith marriage, each partner typically adheres to their own religion, but an important point is in what faith the children will be raised.
Which religion is the oldest?
The word Hindu is an exonym, and while Hinduism has been called the oldest religion in the world, many practitioners refer to their religion as Sanātana Dharma (Sanskrit: सनातन धर्म, lit.
How many wives can a Hindu man have?
The Hindu Marriage Act of 1955 It is illegal for a man to have more than one wife.
Can couples with different religions work?
“The most important asset in an interfaith relationship is respect,” Masini says. “You can agree to disagree — but you can’t disrespect and have things work. Acknowledge your religious differences and have open conversations [about them] throughout your relationship, but always respect each others’ religions.”
Can religion ruin a relationship?
Can having different religions ruin a relationship? It depends on how addicted/affiliated/attached to their religions both are. If one spouse is too attached to the person’s religion, that can affect the relationship adversely in the long run, especially when children arrive.
