Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto 1against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v of. Nullity of marriage and divorcevoid marriages any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v, section 5. Nulity of marriage void and voidable marriages, important. The hindu marriage act is an act of the parliament of india enacted in 1955. Where a decree of nullity is granted in respect of any marriage under section 11 or section 12, any child begotten or conceived before the decree is made who would have been the legitimate child of the parties to the marriage if it had been dissolved instead of having been declared null and void or annulled by. Any marriage solemnised after the commencement of this act shall be null and void and may, on a petition presented by either party thereto 11 against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses, read with section 5 of hindu marriage act. Second marriage not void during pendency of appeal against. Act, shall be voidable and may be annulled by a decree of nullity on any of. A marriage that is entered into in good faith, but that is later found to be. Such marriage is unlawful and requires no formality to terminate. In case of void marriage as noticed earlier, section 5 of hindu marriage act provides that for a valid marriage, following three conditions must be fulfilled. A marriage can be annulled only if it is void or voidable in law. The following is a summary of the hindu marriage act 1955, which aims to allow a reader to understand the key points within the act without having to read the act itself.
Be it enacted by parliament in the sixth year of the republic of india as follows. By virtue of section 5 of the hindu marriage act 1955, a marriage will be valid only if both the parties to the marriage are hindus. Indian divorce act 1869 for christians amended in 2001 a marriage can be held null and void if the respondent was impotent at the time of marriage and at the time of the institution of the suit. Aug 28, 2018 the apex courts verdict came as it set aside delhi high courts august 2016 judgement which had declared as null and void the second marriage of a man during pendency of his appeal against divorce. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v, section 5. These marriages can be held voidable by the decree of nullity by the court under section of hindu marriage act, 1955. As void marriages are considered unlawful in themselves, they do not need any.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. Nullity of marriage and divorce void marriages any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v, section 5. The hindu marriage act is a social welfare legislation and a beneficent legislation and it has to be interpreted in a manner which advances the. May, 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows hindu marriage act, 1955 chapter i preliminary 1. Hindu marriage act, 1955 wikisource, the free online library. Jun 03, 20 a marriage though null and void for contravening any of conditions prescribed by sec. Section 5 of the hindu marriage act 1955 includes essential conditions of a valid marriage. Nullity of marriage in india void marriage voidable marriage. What is the difference between void and voidable marriages. Nullity of marriage in india void marriage voidable. Void and voidable marriage under hindu marriage act 1955. Oct 10, 2017 a marriage can be annulled only if it is void or voidable in law.
Short title and extent 1 this act may be called the hindu marriage act, 1955. Under the hindu marriage act,1955 certain conditions are necessary for a valid hindu marriage. However, section 16 of the act clearly lays down that the children conceived of such a void marriage are to be deemed to be legitimate, even if a decree of nullity has been passed declaring the marriage to be null and void. Hindu marriage and divorce act 1961 ch 250 jafbase. Vijay sardana marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. Section 3g of the hindu marriage act, 1955 defines degrees of prohibited relationships. As the marriage between pydamma and suryanarayana took place after the hindu marriage act came into force in 1956, the court declared the marriage void. Hindu marriage essentials of valid hindu marriage in india. Short title this act may be cited as the hindu marriage and. Legitimacy of children of void and voidable marriages under the hindu marriage act. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views.
Marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. The hindu marriage act, 1955 provides for three types of marriages. An act to amend and codify the law relating to marriage among hindus. It is as though the marriage never existed and it requires no formality to terminate. Heres the differences between void and voidable marriages, and when they can occur. A void marriage is one that is void and invalid from its beginning. Hindu marriage act, 1955 with pdf download updated 2019. The bench said that section 24 of the act provides that any marriage solemnized under the special marriage act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if any of the conditions specified in clauses a, b, c and d of section 4 has not. Law relating to marriage and divorce amongst christians in india. Therefore, children born of a second marriage which is void and which was solemnized prior to the act are not entitled to be legitimised. It contains such conditions which if violated shall result in a void marriage. A void marriage is a marriage that is void and invalid from its very beginning. Nulity of marriage void and voidable marriages, important case. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 1a of the hindu.
If a marriage contravenes the the conditions specified in section v clauses i, iv and v of the act, either the husband or wife can file petition and obtain a decree and the marriage shall be null and void. A marriage though null and void for contravening any of conditions prescribed by sec. Short title and extent 1 this act may be called the hindu marriage. Section of the hindu marriage act, 1955 has introduced a revolutionary amendment to the shastric hindu law. Nullity of marriage and divorce void marriages any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, against the. Hindu law valid, void and voidable marriages under hindu. To put it in legal way, same gotra is not an objection or the marriage is not void. Nullity of marriage in india divorce laws in india.
Legitimacy of children of void and voidable, marriages. This extends to personal laws inter alia in the matter. Any marriage solemnised after the commencement of this act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v of section 5. Before the parliamentary enactment there was no concept of end of marriage or nullity of marriage under hindu personal law and marriage it treated as holy and strong wedlock for whole life. For your reference iam attaching the text hindu marriage act 1955section 3 f. Section 12 of hindu marriage act, provides for a decree of nullity of marriage, which is voidable, on any of the following grounds. Legitimacy of children born of void and voidable marriages. No limitation period to declare void marriage a nullity. Hindu marriage essentials of valid hindu marriage in. But after enforcement of hindu marriage act, 1955 there are certain grounds on which marriage shall be declared null and void.
Study of related theories and sections of hindu marriage act, 1955. In case your gotra is objecting it if she is not a sapinda to you you can still get the help of a court to continue in the marriage. Jul 22, 2017 the court took note of section 11 of the act, which states that any marriage solemnised after the commencement of the act would be null and void if it were in contravention of section 5 i. Nov 14, 2016 a void marriage is a marriage that is void and invalid from its very beginning.
A marriage can be registered in india either under the hindu marriage act, 1955 or under the special marriage act, 1954. Three other important acts were also enacted as part of the hindu code bills during this time. Legitimacy of children of void and voidable marriages under. Law relating to marriage and divorce amongst christians in. The court took note of section 11 of the act, which states that any marriage solemnised after the commencement of the act would be null and void if it were in contravention of section 5 i. An act to regulate the marriage of, and provide for matrimonial causes between, hindus and persons of allied religions l. In hindu law, marriage is treated as a samaskara or a sacrament. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Voidable marriages 1 any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely. Section 11 of the act had considered following marriage to be void. Short title and extent 1 this act may be called the hindu marriage act.
Where at the time of marriage any party has a living husband or wife i. What are the conditions required for a hindu marriage to. Hindu law valid, void and voidable marriages under hindu marriage act, 1955. If a consent decree for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, is passed, it will not be a nullity. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition. What are the conditions required for a hindu marriage to be. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. A marriage which has solemnized after the commencement of hindu marriage act, 1955 is considered null and void if it fulfills the following conditions under section 5 of the act. A party is impotent if his or her mental or physical condition makes consummation of marriage a practical impossibility. The apex courts verdict came as it set aside delhi high courts august 2016 judgement which had declared as null and void the second marriage of a man during pendency of his appeal against divorce. A marriage that is entered into in good faith, but that is later found to be void, may be recognized as a putative marriage. Divorce, however is a thorny question and annulment is.
If any of the parties to a marriage has another spouse living at. Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived. After some time a baby girl was bom after which the wife was deserted by the husband and he filed a suit under section 11 of hindu marriage act for declaration of marriage between the parties as void because at the time of his marriage the first marriage was subsisting. The hindu marriage act is relevant to hindus, although the special marriage act is suitable for all indian residents regardless of their religion applicable to the court marriage. Those conditions have been laid own in sec 5 and 7of the act. Any marriage solemnised after the commencement of this act, shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause i, iv and v of. Void and voidable marriage under hindu law advocatetanmoy. Legitimacy of children of void and voidable marriages.
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