nullity of marriage
A decree of nullity declares that a marriage was never valid. Under the Hindu Marriage Act a marriage is void if, at the time of marriage, either party had a living spouse, the parties were within prohibited degrees, or they were sapindas of each other, unless custom permits. A void marriage needs no decree, though one may be obtained.
A marriage is voidable, and may be annulled by decree, on grounds such as impotence (non-consummation), certain mental disorders, consent obtained by force or fraud, or the wife's pregnancy by another person at marriage. A voidable marriage is valid until annulled. Children of both void and voidable marriages are legitimate.
Example
As the husband's first wife was alive, the second marriage was void, and the court passed a decree of nullity of marriage.
In Indian law
- Sections 11, 12 and 16, Hindu Marriage Act, 1955
- Sections 24 and 25, Special Marriage Act, 1954
See also
marriage · void ab initio · legitimacy · degrees of prohibited relationship
Read more in the study notes
- Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
- Hindu marriage and the conditions of a valid marriage (Family Law I - Hindu Law)
- Divorce under the Hindu Marriage Act (Family Law I - Hindu Law)
- Delegated legislation: kinds, limits and control (Judicial and Legislative Process)
- France: Parliament, the judiciary and droit administratif, and the multi-party system (Political Science - Major World Governments)