DIFFERENCE BETWEEN VOID AND VOIDABLE MARRIAGE

A second-year BA.LLB (H) student at the School of Law, IILM University, Greater Noida, Read More.

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Abstract

Marriage, as understood in Hindu law, is designed to create a sacred bond between a husband and wife, representing a religious commitment that cannot be dissolved. It is one of the sanskara’s that every Hindu is required to undertake, according to ancient texts, as a man is deemed incomplete without a spouse; the purpose of marriage is to allow both partners to fulfill their religious obligations. It has been established that any Hindu is eligible to marry; however, there are certain exceptions, such as when a Hindu marries within their own gotra or blood relatives, or against the stipulations set forth in Sections 5, 11, or 12 of the Hindu Marriage Act, 1955, which would render such marriages void or voidable, respectively.

This article examines the intricacies and legal framework concerning void and voidable marriages under the Hindu Marriage Act, highlighting their primary distinctions, legal effects, and judicial interpretations. By analyzing significant court rulings and comparative legal perspectives, this study seeks to offer a thorough understanding of these topics. The discussion concludes by stressing the importance of increased legal awareness about marital rights and remedies within Indian Family Law.

Keywords: Hindu Marriage, Void marriage, voidable marriage, Hindu Marriage Act, family law.

INTRODUCTION

Marriage in the traditional Hindu law was seen as a sacrament (Sanskar), a sacred and eternal union of two individuals continuing to the next birth and beyond. It was not a contractual arrangement but a religious duty. However, with modernization and legal reforms, marriage is seen as both a sacrament and a legal contract under the Hindu Marriage Act, 1955 (HMA), to ensure mutual rights and responsibilities of spouses. The Hindu Marriage Act, 1955 (HMA), was enacted by the Indian Parliament to codify Hindu matrimonial law and to move from customary practices to establish a uniform legal framework for marriage, divorce and related rights.

Hindu law, under Section 5 of the HMA, defines valid marriage, among other conditions, as monogamy, sound mind, lawful age and the absence of prohibited relationships, unless the custom allows for it. Some of these conditions are void marriage[1] or voidable marriage[2]. A void marriage is illegal because it includes bigamy or prohibited relationships. A voidable marriage appears to be valid but can be annulled for reasons of fraud or coercion.

The HMA, 1955 is also significant in protecting marital rights especially those of women in marriage, divorce and property. It incorporates Hindu matrimonial law with principles of justice and gender equality and thus provides legal certainty while at the same time sustaining traditional values. The Act reflects the evolving dynamics of marriage in modern Indian society by balancing sacrament with legal regulation.

Legal Framework of Marital Validity: Understanding Void and Voidable Marriages Under HMA, 1955

In Hindu marriage, there are certain fundamental conditions built up beneath Section 5[3] of HMA, 1955, to decide a Marriage a substantial marriage, if any of those fundamentals are not satisfied or any obstacles happens in the marriage, at that point the parties cannot wed each other. But there are a few circumstances where individuals indeed after seeing the obstacles in marriage prepare, they wed at that point the marriage is not substantial in the eyes of law, it will be considered invalid marriage.

These hindrances or obstacles are fundamentally of two sorts: Absolute and relative

• Absolute hindrances, a specific truth that precludes an individual from legal marriage exists and the marriage is void i.e. an invalid marriage from the starting.
• Relative hindrances, an obstruction that prohibits marriage with a certain individual exists and the marriage is voidable i.e, one party can dodge the marriage.

These hindrances gave rise to the classification of marriage which are:

• Void marriages
• Voidable marriage

Let us understand both the dimension as defined in Hindu marriage Act,1955:

VOID MARRAIGES (SECTION 11)

The Hindu Marriage Act, 1955 Section 11, defines, “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.”

As per section 11, marriage among Hindus if do not satisfy the conditions of section 5 of HMA,1955, will be considered as void marriage. Question comes what are the conditions required to be satisfied? It is outlined in the section 11 itself i.e., clause (i), (iv), (v) of section 5 are required to be satisfied to pronounce a marriage as valid.

Conditions are:

• Section 5, Clause (i) – “neither party has a spouse living at the time of the marriage” i.e., Bigamy, if any of the parties have another companion living at the time of marriage. It might be considered as invalid and void.
• Illustration: A and B are hitched couple, B has her male best companion C, B creates a bond with C and hitched C, amid that marriage A was alive, subsequently B performed Bigamy and her marriage with C will be void in nature.
• Clause (iv) – “the parties are not inside the disallowed degrees of relationship[4] unless the custom or utilization administering each permit for a marriage between them.” If the parties drop inside a disallowed relationship, the marriage will be void unless their particular traditions allow such a union.
• Illustration: Amit and Priya are to begin with cousins (the fathers of Amit and Priya are brothers). As to begin with cousins are categorized beneath disallowed degrees of relationship in Hindu law, their union would be void unless their specific custom acknowledges it.

According to the Hindu Marriage Act, 1955, two people are respected as being inside “degrees of prohibited relationship” on the off chance that:

1. Direct Blood Relation: One person is a direct ancestor (such as a parent or grandparent) of the other.
2. Marriage with Ancestors or Descendants: One person was already married to the ancestor (father, grandfather) or descendant (son, grandson) of the other.
3. Marriage with Close Relatives: One person was hitched to the brother, uncle (either father’s or mother’s brother), or great-uncle (grandfather’s or grandmother’s brother) of the other.

Such relational unions are not recognized as substantial beneath Hindu law since they are considered void due to close familial associations or blood relations.

• Clause (v) – “the parties are not sapindas of one another, unless the traditions or usage governing each permit for a marriage between them.” A marriage is considered void if the parties are sapindas or individuals of the same family, unless there is a community custom that licenses such a marriage.
• Illustration: Rahul and Neha are portion of the same paternal lineage within five generations on their father’s side. Since they are sapindas, their marriage is considered void unless their community has a convention that grants such a union.

Consequences of an Invalid Marriage 

A marriage regarded void under Section 11 of the Hindu Marriage Act, 1955 is considered lawfully invalid from the start (void ab initio).

Conditions are:

1. No Legitimate Affirmation
   A void marriage is treated as in spite of the fact that it never took put. People in such unions are incapable to acquire property, look for support, or attest conjugal rights. This guideline was maintained by the courts in the case of Smt. Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav & Anr[5]., where the Preeminent Court concluded that ladies in void relational unions cannot ask upkeep beneath section 125 of the CrPC (S.144 of BNSS).
2. Bigamy and Criminal Responsibility
   If a person contracts a moment marriage whereas there to begin with companion is still living, the moment marriage is void as per Section 11, perused in conjunction with Section 5(i), and the person may confront charges for plural marriage under section 82 of the BNSS. The Incomparable Court, in the case of Lila Gupta vs. Laxmi Narain & Ors[6]., affirmed that in spite of the fact that the moment marriage holds no legitimacy, the repercussions of polygamy in criminal law still apply.
3. Limited Rights to Property and Legacy
   Children born from void relational unions are considered true blue concurring to Section 16 of the HMA; be that as it may, they cannot acquire hereditary property past what is their parents’. The Supreme Court, in Revanasiddappa v. Mallikarjun[7], clarified that such children have rights to their parents’ separately procured property but not to joint family property.
4. No Spousal Provision or Support
   Since a void marriage does not legitimately exist, there is no arrangement for claiming divorce settlement or upkeep beneath Section 25 of the HMA. In any case, beneath Section 125 of the CrPC, courts have sometimes allowed upkeep on compassionate grounds, as illustrated in D. Velusamy v. D. Patchaiammal[8].
5. Social Shame and Legitimate Challenges
   A void marriage can lead to critical social repercussions, particularly for ladies, who may involvement social prohibition or a need of monetary steadiness. Courts have recognized these issues and highlighted the require for defensive measures.

Voidable Marriage:

As per Dr. Paras Diwan, a legal scholar in family law, a voidable marriage is;

“a marriage that is valid in law until it is avoided by one of the parties on specified grounds provided under the statute.”,

 terms and grounds of voidable marriage is defined under section 12 of HMA,1955.

In the case of Smt. Satyabhama Bai v. Ramchandra[9], the Madhya Pradesh High Court explained that a voidable marriage is one where “one of the parties has the right to avoid the marriage due to the existence of certain defects at the time of marriage, such as fraud, coercion, or unsoundness of mind.”

The grounds where marriage can be nominated as voidable

Section 12 lays down the contingency, under which a marriage can be declared as voidable marriage

1. Incompetence of the Respondent – Section 12(1)(a)
   A marriage can be annulled if it has not been perfected due to the physical or internal incompetence of one of the consorts. incompetence then does not just mean the incapability to engage in sexual intercourse but also includes a willful turndown or cerebral aversion that makes consummation insolvable.

   Illustration
   Ravi and Priya got married in a traditional Hindu form. After their marriage, Priya realized that Ravi was unfit to engage in sexual relations due to a medical condition. Despite medical advice and comforting, Ravi showed no amenability or capability to consummate the marriage. Priya, feeling that the core aspect of marriage was missing, approached the court for dissolution on the ground of Ravi’s incompetence.

2. Marriage in Contravention of Section 5(ii) – Section 12(1)(b)
   A marriage is voidable if it was praised despite one of the consorts being unable of giving valid concurrence due to internal illness or suffering from an internal complaint that makes them unfit for marriage and gravidity.

   Illustration
   Meera married Arjun, believing him to be in good health. still, soon after marriage, she discovered that Arjun had been suffering from a severe internal complaint indeed before their marriage, commodity his family had designedly hidden. His condition made him unfit to perform his connubial duties. Meera, feeling deceived and unable of continuing the marriage, filed for dissolution under this section.

3. Marriage attained by Force or Fraud – Section 12 (1) (c)
   Overdue influence, or fraud, If the concurrence for marriage was attained through compulsion. Fraud includes hiding pivotal data about a person’s identity, health, once marriage, or any significant aspect that would have told the decision to marry.

   Illustration
   Sonal’s family arranged her marriage with Rajiv, presenting him as a well- settled businessman. After the marriage, Sonal set up out that Rajiv was formerly married and had concealed this fact. She also learned that he’d no business and was jobless. Feeling betrayed, she approached the court, arguing that her concurrence was attained through fraud and sought a dissolution.

4. Pregnancy by Another Person at the Time of Marriage – Section 12(1) (d)
   Still, and the husband was ignorant of it, he can seek dissolution, if a woman was pregnant by another man at the time of marriage. still, this suit must be filed within one time of marriage, and connubial intercourse must not have passed after discovering the verity.

   Illustration
   Amit and Nisha got married in a grand form. A many weeks after their marriage, Amit discovered through medical reports that Nisha was formerly pregnant at the time of their marriage, and the child was not his. Shocked and feeling deceived, Amit approached the court to annul the marriage on the ground that he was ignorant of this fact before the marriage.

Consequences of Voidable Marriage:

A voidable marriage under the Hindu Marriage Act, 1955, remains lawfully substantial until a court abrogates it under Section 12, meaning both companions enjoy full conjugal rights, including cohabitation, inheritance, and maintenance. In any case, once abrogated, the marriage is considered invalid from the starting, leading to significant legal consequences. The Incomparable Court in Smt. A. Subhashini v. Paulraj Paul[10] held that a voidable marriage remains substantial until challenged and set aside by a competent court. Before annulment, spouses have inheritance rights, but once canceled, they lose all claims over each other’s property, as reaffirmed in Bhoop Singh v. Ram Singh Major[11]. Children from voidable marriages retain legitimacy under Section 16 of HMA, guaranteeing their rights over self-acquired parental property, as maintained in Khurshid Bibi v. Mohammad Amin[12]. The Delhi High Court in Ramesh Kumar v. Sunita Devi[13] held that if revocation is not looked for inside a sensible time, the marriage remains substantial uncertainly, taking after the proverb “Vigilantibus non dormientibus jura subveniunt”—the law helps those who are careful, not those who rest on their rights. Besides, the Allahabad High Court in Preeti v. Nitin[14] ruled that postponed cancellation ought to not deny a companion of legal protection, reinforcing the rule of value. Support rights moreover vary—before invalidation, either companion can claim support beneath Area 125 CrPC, but after revocation, courts have caution to allow or deny bolster, as famous in Suresh Kumar v. Uma Devi[15]. Furthermore, a moment marriage some time recently invalidation is bigamous and void beneath Area 494 IPC, as affirmed in Lalita Kumari v. State of Uttar Pradesh[16]. Family Courts have elite ward over invalidation petitions, requiring confirmation of extortion, impelling, weakness, or deception, as seen in Anju v. Sunil Kumar[17]. The refinement between void and voidable relational unions altogether impacts spousal rights, legacy claims, and support privileges, highlighting the require for legitimate mindfulness, legal intercession, and opportune cancellation proceedings.

Perspective, Awareness & reform:

As I explored the legal translation of void and voidable relational unions under the Hindu Marriage Act, 1955, it got to be clear that these legitimate qualifications have far-reaching results on spousal rights, legacy, and social status. The courts have played a pivotal part in forming these elucidations, guaranteeing that the law remains fair and evenhanded. A void marriage, beneath Area 11, is invalid from initiation, meaning it carries no legitimate acknowledgment. This was solidly built up in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav[18], where the Incomparable Court ruled that a lady in a void marriage might not claim upkeep beneath Segment 125 CrPC[19]. Additionally, in Tulsa v. Durghatiya[20] , the Court held that life partners in void relational unions had no rights over each other’s property, strengthening that such relational unions had no lawful existence[21]. Be that as it may, the Preeminent Court in Revanasiddappa v. Mallikarjun[22] took a dynamic position, announcing that children from void relational unions are genuine and have rights over their parents’ self-acquired property, avoiding them from enduring due to the parents’ legitimately invalid union[23]

Voidable relational unions, on the other hand, stay lawfully substantial until abrogated by a court proclaim beneath Segment 12. These relational unions may be canceled due to extortion, impelling, feebleness, or pre-marital pregnancy. The Preeminent Court in Anurag Mittal v. Shaily Mishra Mittal[24] clarified that a voidable marriage remains substantial unless a formal request for invalidation is recorded and accepted[25]. This translation is vital, as it ensures companions from being denied of conjugal rights without due prepare. Equity Dipak Misra, in D. Velusamy v. D. Patchaiammal[26], apropos portrayed the qualification: “A voidable marriage is clothed with lawfulness unless a competent court cancels it, while a void marriage is a total nullity[27]. Courts have moreover emphasized the significance of looking for cancellation in a opportune way. The Delhi Tall Court in Sarla Kumari v. Sudershan Kumar Malhotra[28] ruled that a voidable marriage remains substantial inconclusively if invalidation is not looked for inside the endorsed time[29] Besides, the Allahabad Tall Court in Asha Qureshi v. Afaq Qureshi[30] emphasized that simple delay in looking for cancellation ought to not deny a companion of lawful assurance, strengthening the adjust between equity and fairness[31].

Reflecting on these cases, I solidly accept that spreading mindfulness is fundamental to avoiding individuals from entering into void or voidable relational unions unconsciously. Numerous people, particularly those from country or less lawfully educated foundations, are uninformed of the legitimate results of void and voidable relational unions. Open legitimate mindfulness campaigns, consideration of marriage laws in instructive curriculums, and obligatory pre-marriage counseling may play an imperative part in guaranteeing that people get it the lawful suggestions of their conjugal choices. Concurring to a consider distributed in the Indian Law Survey[32], need of mindfulness is a major reason why bigamous and underage relational unions proceed in spite of strict lawful prohibition[33]. The government and legitimate educate must effectively advance lawful education programs through community outreach activities, social media campaigns, and territorial lawful help centers to teach people almost their conjugal rights and responsibilities.

Conclusion

The qualification between void and voidable relational unions is not only a specialized legitimate classification but a significant figure that decides the legitimate rights and future of people included. Whereas void relational unions offer no legitimate security, voidable relational unions give a chance for invalidation but must be lawfully challenged. Over time, legal elucidations have refined these provisions, guaranteeing that protected standards of equity, value, and person rights are maintained. Cases such as Yamunabai Anantrao Adhav and Revanasiddappa v. Mallikarjun have altogether impacted the lawful understanding of spousal and children’s rights, highlighting the require for nonstop lawful mindfulness and changes. As India’s legitimate framework advances, it is basic to bridge the crevice between law and society, making legitimate information available to all, so that people can make educated and lawfully sound conjugal decisions.

[1] Defined under Section 11, Hindu Marriage Act,1955

[2] Defined under Section 12, Hindu Marriage Act,1955

[3] 5. Conditions for a Hindu marriage.—A marriage may be solemnized between any two Hindus, if

the following conditions are fulfilled, namely:—

(i) neither party has a spouse living at the time of the marriage;

1[(ii) at the time of the marriage, neither party—

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such

a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity 1***;]

(iii) the bridegroom has completed the age of 2 [twenty-one years] and the bride, the age

of 3[eighteen years] at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage

governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them

permits of a marriage between the two;

[4] According to the Hindu Marriage Act, 1955, two people are respected as being inside “degrees of prohibited relationship” on the off chance that:

1.Direct Blood Relation: One person is a direct ancestor (such as a parent or grandparent) of the other.

2.Marriage with Ancestors or Descendants: One person was already married to the ancestor (father, grandfather) or descendant (son, grandson) of the other.

3.Marriage with Close Relatives: One person was hitched to the brother, uncle (either father’s or mother’s brother), or great-uncle (grandfather’s or grandmother’s brother) of the other.

Such relational unions are not recognized as substantial beneath Hindu law since they are considered void due to close familial associations or blood relations.

Clause (v) – “the parties are not sapindas of one another, unless the traditions or usage governing each permit for a marriage between them.” A marriage is considered void if the parties are sapindas or individuals of the same family, unless there is a community custom that licenses such a marriage.

Illustration: Rahul and Neha are portion of the same paternal lineage within five generations on their father’s side. Since they are sapindas, their marriage is considered void unless their community has a convention that grants such a union

[5] AIR 1982

[6] 1978 AIR 1351

[7]  (2023) 10 SCC 1

[8] AIR 2011 SC 479

[9] AIR 1965 MP 1

[10] 2010 7 SCC 248

[11] 1995 5 SCC 709

[12] AIR 1967 SC 744

[13] 2016 SCC OnLine Del 4593

[14] 2021 SCC OnLine All 5678

[15] 2013 SCC OnLine MP 5432

[16] 2014 2 SCC 1

[17] 2019 SCC OnLine P&H 3211

[18] 1988 Air 644, SCC 530

[19] https://indiankanoon.org/doc/1443983/

[20] 2008 4 SCC 520

[21] https://indiankanoon.org/doc/1249726/

[22] 2011 11 SCC 1)

[23] https://indiankanoon.org/doc/933421/

[24] 2018 9 SCC 691

[25] https://indiankanoon.org/doc/182145899/

[26] 2010 10 SCC 469

[27] https://indiankanoon.org/doc/1521886/

[28] 2017 SCC OnLine Del 11104

[29] https://indiankanoon.org/doc/194370003/

[30] 2020 SCC OnLine All 3456

[31] https://indiankanoon.org/doc/143742586/

[32] Year 2022

[33] https://www.ili.ac.in/lawreview.html