What is Section 12 of voidable marriage?

Can a voidable marriage become valid?

The main distinction between the two types of marriages lies in how they are treated legally and how they are terminated. Void marriages are automatically invalid, whether or not a court declares them so. Voidable marriages remain valid until one party successfully petitions the court for annulment.

What evidence is needed to prove a voidable marriage?

Key legal elements

One or both parties were underage at the time of marriage. One party was induced to marry through fraud, duress, or force. The marriage remains valid until a court declares it void. Legal action must be initiated while both spouses are alive.

What is Section 12 nullity of marriage?

Section 12 of the Hindu Marriage Act, 1955 provides the grounds on which marriages become voidable and can be annulled by a decree of nullity. The marriage is not consummated owing to the impotency of the respondent. The physical incapacity for accomplishing the sexual act is impotency.

What are the legal consequences of Section 12?

It creates a constitutionally-guaranteed right to be released on bail, except in three circumstances: capital offenses with a preliminary judicial finding of the essential facts, some violent or sexual felonies, and felonies where there is clear and convincing evidence that pretrial release would result in the ...

Does wife get 50% after divorce in India?

The belief that a wife gets 50% of the husband's property after divorce in India is incorrect. Property division is not automatic and depends on legal ownership and court decisions. However, laws exist to protect the financial well-being of divorced women through maintenance and alimony.

What is the landmark case of voidable 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.

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 happens to assets in a voidable marriage?

Community Property Rules & Annulment

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.

What are the grounds for voidable marriage under the Hindu marriage Act?

Section 12 of the Act outlines the grounds for voidable marriages, which include: Non-consummation due to impotence. Mental disorders making a party unfit for marriage. Consent obtained by force or fraud.

What are the four rules of marriage?

There are four laws of marriage:

• The law of PRIORITY-"A man shall leave his father and his mother..." Legitimate jealousy. ...
• The law of PURSUIT-"... and hold fast to his wife..." ...
• The law of POSSESSION-"... and they shall become one flesh." ...
• The law of PURITY-"The man and his wife were both naked and were not ashamed."

Do civil partners have the same rights as married couples?

The similarities between marriage and civil partnership

They share the same property rights, pension benefits and the ability to obtain parental responsibility for a partner's child. They also have the same rights of next of kin in hospitals as married couples and are also exempt from inheritance tax.

What is section 12 approved?

Section 12 approved doctors are those approved by the Secretary of State under section 12(2) Mental Health Act 1983 (MHA), where they are described 'as having special experience in the diagnosis or treatment of mental disorder'.

What is the meaning of Section 12?

Section 12. Exclusion of time in legal proceedings. Previous Next. (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.

What does section 12 cover?

Section 12. SEC. 12. (c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.

What is an example of a voidable marriage?

What are some examples of voidable marriages in India? Examples include marriages obtained through fraud or misrepresentation, marriages where one spouse is impotent, marriages conducted under force or undue influence, and underage marriages.

What evidence is needed to prove a marriage is void?

Proof that a marriage was void or has been annulled should consist of: (a) Void. A certified statement from the claimant setting forth the circumstances which rendered the marriage void, together with such other evidence as may be required for a determination.

Can a wife get divorce on grounds of cruelty?

In cases of physical cruelty, a spouse can file for divorce or seek legal protection. Mental Cruelty: Mental cruelty refers to the infliction of emotional or psychological distress on one spouse by the other spouse.

What makes a marriage voidable?

Common grounds for voiding a marriage include that one of the parties is below the age of consent, a party was incapable of consenting to marriage due to mental incapacity or mental illness, or a party was otherwise incapable of entering into marriage. Other grounds include fraud, force, or duress.

What is the difference between void marriage and voidable marriage?

A void marriage is invalid from the beginning and is considered by law as if it never existed. It does not confer any legal rights or status on the parties. A voidable marriage is valid until annulled by a court, and confers legal rights and status on the parties.

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.