What constitutes a void marriage?

What are the types of void marriage?

A marriage that falls under any of the following categories is void:

• A marriage is solemnized when either party has a spouse living.
• A marriage is solemnized between prohibited degrees of relationship.
• A marriage solemnized where either party is a sapient of the other party.

What are the reasons for a void marriage?

A marriage becomes invalid (void or voidable) when fundamental requirements aren't met, such as bigamy (already married), incest (too closely related), underage status, or lack of capacity (mental incapacity, intoxication, fraud/duress/force), meaning true consent or legal standing was missing from the start, allowing for annulment as if the marriage never existed. 

What is the landmark case of void marriage?

In Lily Thomas v. Union of India (2000), Supreme Court (SC) held that when a Hindu spouse converts his religion to remarry with no intention to practice such religion, but to only achieve an ulterior motive, then the second marriage will be declared void.

What is the difference between annulment and void marriage?

Annulment is similar to a divorce in that it dissolves your marriage. However, an annulment voids your marriage, so it as if it never happened.

Do you need a divorce for a void marriage?

A void marriage is a union that is legally invalid from the start. This type of marriage cannot be made valid and can be ended by either party without the need for a divorce or annulment. However, a court can issue a formal declaration stating the marriage is void.

What is the difference between void marriage and irregular marriage?

Under Muslim law, a void (batil) marriage is unlawful in itself and creates no rights, while an irregular (fasid) marriage is invalid due to temporary or removable impediments and can become valid once corrected.

What happens to property in a void marriage?

Since an annulled marriage is considered void, there's no legal “community property” to divide. Instead, property and assets are divided based on ownership and contributions, including those that occurred before the marriage was approved by the state.

How long does it take to void a marriage?

The time limit to annul a marriage depends heavily on the grounds, but it's often within four years of the marriage or discovery of the issue, though some reasons, like bigamy or incest, may allow it at any time, while continuing to live together after finding grounds for annulment can void your right to one. Common timeframes include within four years for force, fraud (from discovery), or physical incapacity, while mental incapacity or bigamy often have no strict limit before death, but living together afterward can matter. 

Is a sexless marriage grounds for an annulment?

The law around annulment for non-consummation of a marriage

The court stated that case law has indicated a marriage can only be annulled for this reason if there is an incapacity to consummate the marriage springing from “physical or psychological limitations beyond the control of the refusing party.

How to know if marriage is null and void?

If the certificate shows an annotation like "Annulled by [Court Name] on [Date]" or "Declared Null and Void," this confirms the status. Annotations are mandatory under Article 52 of the Family Code and Rule 108 of the Rules of Court.

How long before a marriage is null and void?

In the UK, a marriage can be annulled within 3 years of the date of the marriage. After that period has passed, an annulment is no longer possible. If both parties agree, however, they may be able to mediate a divorce settlement that allows for the marriage to be declared null and void.

On what grounds marriage is null and void?

(1)Any marriage solemnised, 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:— (a)that the marriage has not been consummated owing to the impotence of the respondent; or (b)that the marriage is in contravention of ...

What exactly makes a marriage void?

In some situations, what appears to be a marriage may actually be void or voidable, meaning it can end without the formal divorce process. A void marriage is considered invalid from the outset, often due to factors such as bigamy or close familial relationships between spouses.

Can wife of void marriage claim maintenance?

The Supreme Court has ruled that spouses in void marriages can still claim permanent alimony and interim maintenance under the Hindu Marriage Act, 1955.

What is an example of a void marriage?

Void Marriages in India

• Bigamy (Marriage with an Existing Spouse)
• Prohibited Degrees of Relationship.
• Marriage Without Valid Consent.
• Fraud or Misrepresentation.
• Impotency.
• Force or Undue Influence.
• Underage Marriages.

What is the punishment for void marriage?

Whoever, having a husband or wife living, marries 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 years, and shall also be liable to fine. Exception.

What are the consequences of a void marriage?

If a marriage is found to be void then it never existed. In such circumstances, it is unlikely that either party will be able to claim financial relief from the other under the Matrimonial Causes Act 1973 although claims can still be made in respect of children.

Can a marriage be annulled without the other person knowing?

Annulment proceedings require you to notify the other spouse because both are part of the case. If you don't inform your spouse, the annulment could be invalid.

What makes a marriage invalid?

A marriage becomes invalid (void or voidable) when fundamental requirements aren't met, such as bigamy (already married), incest (too closely related), underage status, or lack of capacity (mental incapacity, intoxication, fraud/duress/force), meaning true consent or legal standing was missing from the start, allowing for annulment as if the marriage never existed. 

What is void marriage under the marriage Act?

By the provision of Section 33(2) Marriage Act LFN, 2004: A marriage shall be null and void if both parties knowingly and willfully Acquiesce in its celebration' without compliance with some formalities prescribed by the Act.