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nullity of marriage

English · Family and succession

Meaning. A court's declaration that a marriage was void from the start, or its annulment because it was voidable.

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

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