NULL AND VOID MARRIAGE

A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met, the marriage is considered to have never existed in the eyes of the law. This process is called annulment.

Void Marriage

Section 5 of the Hindu Marriage Act provides that for a valid marriage, the following three conditions must be fulfilled:

(1) Neither party has a spouse living at the time of the marriage.
(2) The parties are not within the degrees of prohibited relationship, unless the custom or usage governing each permits such a marriage.
(3) The parties are not in a blood relationship at the time of marriage, unless the custom or usage governing each permits such a marriage.

Note: Violation of any one of the above conditions renders a marriage null and void. Section 11 provides that such marriage shall be null and void, and either party may obtain a decree of nullity from the Court.

Voidable Marriages

Section 5 of the Act also provides that at the time of marriage, neither party—
(a) is incapable of giving valid consent due to unsoundness of mind; or
(b) though capable of giving consent, suffers from mental disorder of such a kind or extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity.