What is null and void marriage?

What is null and void marriage?

Annulment is a legal procedure for declaring a marriage null and void. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law.

What is the difference between void and voidable marriage?

Meaning: A void marriage is no marriage at all. It does not exist from the very beginning. 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.

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 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.

Does bigamy void a marriage?

Bigamy in Civil Court A bigamous marriage is considered “void” in most states. A void marriage is one that was never legal in the first place, so it qualifies for an annulment. In the case of bigamy, proof that your first marriage was valid at the time of your second marriage would be sufficient.

What is the punishment of second marriage?

Section 494 of the IPC provides about “Bigamy” as thus “Whoever, having a husband or wife living, marries again in any case in which such marriage is void by reason of its taking place during the life of such husband or wife shall be punished with imprisonment of either description for a term which may extend to seven …

What are the legal rights in a second marriage after the death of the first husband?

Since husband married after death of first wife, the second wife’s name will come in death certificate of husband. The daughter may claim right in property if there is no WILL or gift deed by husband.

How do I protect my assets in a second marriage?

Start Getting the Right Documents in Order

1. Create a Prenuptial Agreement.
2. Keep Your Assets before Marriage Separate.
3. Set Up a Trust for Your Assets.
4. Revise Your Will.
5. Do Not Forget about Retirement Accounts.
6. Review Your Social Security Benefits.
7. Think of the Tax Consequences.