NULLITY OF MARRIAGE

VOID (SECTION 11) & VOIDABLE (SECTION 12)

MARRIAGE
CONSEQUENCES OF A VALID MARRIAGE-

1. PARTIES GET A STATUS OF HUSBAND AND WIFE

2. CHILDREN BORN TO THEM ARE LEGITIMATE CHILDREN
3. THEY GET MUTUAL RIGHTS OF INHERITANCE
4. THEY GEY CONJUGAL RIGHTS-
RIGHT TO COHABIT
RIGHT TO MARITAL INTERCOURSE

VOID MARRIAGE (SECTION 11)

GROUNDS OF VOID MARRIAGE (SECTION 11)

1. BIGAMY
2. WHEN PARTIES ARE IN A SAPINDA RELATIONSHIP
3. WHEN PARTIES ARE IN A PROHIBITED RELATIONSHIP

MARRIAGE IS ALSO VOID IF PROPER CEREMONIES ARE NOT PERFORMED BUT

NOT VOID UNDER SECTION 11.

CONSEQUENCES OF VOID MARRIAGE

1. NO STATUS OF HUSBAND AND WIFE

2. CHILDREN BORN TO THEM ARE LEGITIMATE CHILDREN ONLY FOR
LIMITED PURPOSE UNDER SECTION 16
3. THEY DO NOT GET MUTUAL RIGHTS OF INHERITANCE
4. THEY DO NOT GET CONJUGAL RIGHTS-
RIGHT TO COHABIT
RIGHT TO MARITAL INTERCOURSE

In respect of a void marriage no decree of court is necessary, the court merely

passes a declaration that the marriage is null and void. It is not the decree of the
court which renders such a marriage void. It is an existing fact that the marriage
is void and the court merely makes a judicial declaration of that fact.

VOIDABLE MARRIAGE (SECTION 12)

Decree of the court is required to annul it otherwise it will remain a valid
marriage.

GROUNDS OF VOIDABLE MARRIAGE (SECTION 12)

Sec 12- Voidable marriages -—

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall
be voidable and may be annulled by a decree of nullity on any of the following grounds,
namely:—

(a) that the marriage has not been consummated owing to the impotency of the
respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5;
or

(c) that the consent of the petitioner, the consent was obtained by force or by fraud1 as to
the nature of the ceremony or as to any material fact or circumstance concerning the
respondent; or

(d) that the respondent was at the time of the marriage pregnant by some person other
than the petitioner.2

1
CONSENT OBTAINED BY FRAUD /FORCE (fundamental to marriage) CONDITIONS-
a. WITHIN 1 YEAR after the force had ceased to operate or, as the case may
be, the fraud had been discovered- PETITION PRESENTED
b. MUST NOT HAVE LIVED WITH THE REPECTIVE AFTER DISCOVERY OF
FRAUD OR CESSATION OF FORCE

2
PRE MARRIAGE PREGNANCY- CONDITIONS -
a. PREGNANT AT THE TIME OF MARRIAGE
b. PREGNANT FROM A PERSON OTHER THAN THE PETITIONER
c. AT THE TIME OF MARRIAGE DID NOT KNOW AT REPECTIVE PREGNANCY
d. PETITION WITHIN 1 YEAR OF MARRIAGE
e. MARRITIAL INTERCOURSE DID NOT TAKE PLACE AFTER THE DISCOVERY
OF THE FACT
CASE: PURBI VS.BASUDEV – pre marriage boasting about the job or financial status of
husband is not fraud essential to the marriage.

1978- AMMENDMENT ACT- was inserted which explained the meaning of FRAUD /FORCE
that it should RELATE TO:

 NATURE OF CEREMONY
 ANY MATERIAL FACT /CIRCUMSTANCES CONCERNING THE MARRIAGE

Is the time of representation material in cases of fraud?

Ananthanath v Lajjabati-
The court said that the question of consent of the parties to marriage arises at 2 stages: at
the time when parties consent to solemnize the marriage and at the time when marriage
itself is solemnized. The court said that hindu marriage not being a contract, the consent at
the first stage though brought by fraud or force cannot affect the validity of marriage, but if
consent is brought about by fraud or force at the time of solemnization of marriage, then it
affects the validity of marriage.

Also Read-

Premchand v. Padmapriya (1996)

CHILDREN OF VOID MARRIAGE or ANNULLED VOIDABLE MARRIAGE – SECTION 16

1. They are legitimate children

2. They get mutual rights of inheritance in the properties of their parents ONLY
3. The right of inheritance is restricted to inheriting the properties of their parents
alone and not the ancestral property such as properties of their Grand father, uncle
or other paternal or maternal relations. And also they do not have any coparcenary
rights in the joint hindu family.