You can petition to the court for a decree of nullity to declare your marriage void on the following grounds. In india, the fault theory works in the matter of the divorce. It will subsist until it is annulled by a court under the prohibition of child marriage act, the madras high court said on monday. The court has power to declare a marriage void or voidable under section 11 and 12 respectively, of hindu marriage act, 1955. Three other important acts were also enacted as part of the hindu code bills during this time. Sagotra marriage is valid under hindu marriage act, 1955. Nulity of marriage void and voidable marriages, important case. This is given under section 12 of hindu marriage act, 1955.
What rights does a hindu child, who is born to persons whose marriage is declared void or voidable have under the hindu marriage act. Legitimacy of children of void and voidable marriages under. Hindu marriage essentials of valid hindu marriage in. Legitimacy of child born out of void and voidable hindu marriage. Nulity of marriage void and voidable marriages, important. It is at the option of the parties to continue with marriage or to annul marriage by decree of court. An act to amend and codify the law relating to marriage among hindus. Oct 10, 2017 a voidable marriage is a marriage that is legally valid until annulled by a judgment of nullity. It has also been provided that if a decree of nullity is granted in respect of a voidable marriage under s. This section lays down four grounds on which a hindu marriage becomes voidable. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Marriage has been awarded a legal status under various personal laws i. Discuss the essentials of a valid hindu marriage under the.
The direction by the civil court is not a final determination under the hindu adoptions and maintenance act but an order pendente lite under section 24 of the hindu marriage act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it. Here we have also given some reference books and related books pdf. Grounds for divorce under the hindu marriage act, 1955. Under section 11 hindu marriage act 1955, a marriage is void on any of the following three grounds these grounds apply to marriage, solemnised after the commencement of the act, i. It also added a new ground namely divorce by mutual consent of the parties has been made available as a matrimonial relief under the hindu marriage act, 1955. Hindu marriage act 1955 pdf free download notes finance.
The children of a void and voidable marriage have legitimacy under the law. Section 16 of the hindu marriage act 1955 legitimacy of children of void and voidable marriages. Section 12 in the hindu marriage act, 1955 indian kanoon. Void and voidable marriage under hindu marriage act, 1955. Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Legitimacy of children of void and voidable marriages under the hindu marriage act. Jun 11, 2017 voidable marriage a marriage which can be annulled or avoided at the option of one or both the parties is known as a voidable marriage. Study of related theories and sections of hindu marriage act, 1955. It can be avoided only on the petition of one of the parties. A hindu marriage joins two individuals for life, so that they can pursue dharma duty, artha possessions, kama physical. Nov 14, 2016 a voidable marriage is a legal marriage that can be cancelled at the option of one of the parties and it is subject to cancellation if contested in court.
Section 12 in the hindu marriage act, 1955 12 voidable marriages. Section 24 of hindu marriage act, 1955 the act states that either husband or wife may claim maintenance pendent lite i. Annulment of marriage under hindu law annulment of marriage as per legal terminology, the term annulment refers making a marriage null and voidvoidable. Polygamy and polyandry are prohibited under the hindu marriage act. Hindu marriage act in this act, unless the context otherwise requires, a the expression custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force or law among hindus in any. In a voidable marriage, any child born of a marital relationship subsequently declared as nullity by court shall also be termed as legitimate. In hindu law, marriage is treated as a samaskara or a sacrament. 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. Summary of hindu marriage act, 1955 your article library. A void marriage is the one which is considered as no marriage in the eyes of the court whereas voidable marriage is the one which can. The main three theories related to divorce are fault theory, mutual consent concept, and irretrievable theory. As per section 2 of the act, it is applicable to any person who is a hindu by religion including a virashaiva, and a lingayat. People who are searching for hindu marriage act 1955 book pdf can find here. 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.
Under section 4 of the prohibition of child marriage act, in case of annulment of a child marriage hindu marriage act hindu marriage act of 1955, came into force on 18th of may, 1955. 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. Under section 106 of the womens charter, the following are grounds for a marriage to be voidable. As per hindu marriage act, 1955 a marriage is declared void on any of the following grounds. Voidable marriages are those which are void at the option of the aggrieved party. Provisions under section 16 of the hindu marriage act 1955. It will then be considered annulled from the time the judgment is passed. Voidable marriage shall be annulled by the decree of nullity under section 12 of hindu marriage act, 1955.
So if a party who solemnize the marriage is suffer from unsoundness of mind, mental disorder or insanity, the marriage is voidable at the opinion of the other party. Any marriage solemnized after the commencement of this act shall be null and void and may, on a petition. Hindu marriage act, 1955 wikisource, the free online library. Hindu marriage act, 1955 with pdf download updated 2019. Hindu marriage act, 1955 bare act with downloadable pdf. Nullity of marriage under the indian laws ipleaders. Section 12 of hindu marriage act contains relevant provisions of voidable marriage. Now, after the amendment made by the marriage laws amendment act, 1976, section 5iiof the act provides the following three circumstances of unsoundness where either party at the time of the marriage. Jul 04, 2018 section 11 in the hindu marriage act, 1955. It is to be noted that sec 52 c of the hindu marriage act 1955 has been amended by the marriage laws amendment act 1999 and the word epilepsy is omitted. It analyses how the concept was nonexistent under ancient law due to the sacramental nature of marriage but was introduced under the hindu marriage act, 1955.
Introduction india, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. A void marriage is the one which is considered as no marriage in the eyes of the court whereas voidable marriage is the one which can be declared invalid on petition by either party to such marriage. 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. Annulment of marriage under hindu law legal service india. A voidable marriage is a perfectly valid marriage, so long it is not avoided. Request pdf void and voidable marriage under hindu marriage act, 1955, and divorce in this assignment, i have to discuss about the thoughts relating to void and voidable marriage under hindu. It is often stated as a mean to exploit the husband by asking alimony for life. Legitimacy of children under void and voidable marriages are specified under section 16 of hindu marriage act, 1955. What is the difference between void and voidable marriages. According to it, in the case of marriage being voidable, the court may declare it null under following conditions. Annulment of marriage under hindu law annulment of marriage as per legal terminology, the term annulment refers making a marriage null and void voidable.
Nullity of marriage in india void marriage voidable. That the marriage has not been consummated owing to the impotence of the respondent. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect. Hindu law valid, void and voidable marriages under hindu. The hindu marriage act defines divorce as a dissolution of marriage. This act also applies to buddhists, jains, and sikhs.
Get complete information on voidable marriages under. Until and unless the court so decrees, these marriages are legal and binding. Legitimacy of children born of void and voidable marriages. Legitimacy of children of void and voidable marriages. Request pdf void and voidable marriage under hindu marriage act, 1955, and divorce in this assignment, i have to discuss about the thoughts relating to. Such a child is considered legitimate regardless of the status of the parents marriage, if the marriage was performed according to hindu rites under the hindu marriage act, 1955 or was a civil marriage under the. A marriage which can be avoided at the option of either parties is known as a voidable marriage.
The hindu marriage act is an act of the parliament of india enacted in 1955. Short title and extent 1 this act may be called the hindu marriage act, 1955. Under the hindu marriage act, there is provision for permanent alimony or allowance. It also includes a follower of the brahmo, prarthana or arya samaj. Hindu marriage act, 1955, parsi marriage and divorce act, 1936, indian christian. Divorce means the dissolution of marriage by a competent court. Jan 02, 2018 void and voidable marriage under hindu marriage act 1955 theory of abrogation.
In a void marriage, any children born out shall be treated as legitimate. Hindu marriage essentials of valid hindu marriage in india. Marriage of a person with a girl whose age is below 18 is voidable. Voidable marriage a marriage which can be annulled or avoided at the option of one or both the parties is known as a voidable marriage. Please click on the below links for more information. In this assignment, i have to discuss about the thoughts relating to void and voidable marriage under hindu marriage act and after the discussion i have to discuss about the difference between judicial separation and divorce under the same act. Section 12 of hindu marriage act deals with voidable marriage. Get complete information on voidable marriages under hindu law article shared by under section 12, any marriage solemnised either before or after the commencement of this act, shall be voidable at the option of the aggrieved party and may be annulled by a decree of nullity. The hindu marriage act, 1955 provides various provision regarding divorce. An illegitimate child has not only suffered a social stigma in every legal order but has.
A marriage may be declared void if it contravenes any of the following. Get complete information on voidable marriages under hindu law. 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. Hindu law valid, void and voidable marriages under hindu marriage act, 1955. Void and voidable marriage under hindu marriage act, 1955, and. Nullity of marriage in india void marriage voidable marriage. Maintenance to wife is a very complicated issue under hindu marriage act. Void and voidable marriage under hindu marriage act 1955. Such marriages can be annulled by a decree of nullity on any of the following grounds. Under the hindu marriage act, marriages have been classified into three types, namely, void, voidable and valid marriages. Hindu marriage act, 1955 bare acts law library advocatekhoj. 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. Jun 03, 20 however it is a generally accepted rule that even in such cases, the wife is entitled to maintenance under sec.
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