Distinction between Void Marriage And Violable Marriage

No. Void Marriage Voidable marriage

1. Meaning: A void marriage is no marriage at Meaning: A voidable marriage is one which can
all. It does not exist from the very be avoided at the option of one of the parties to
beginning. the marriage. It remains valid for all practical
purposes until and unless its validity is
questioned.

2 Section: Section 11 of the Hindu marriage Section: Section 12 of the Hindu marriage Act,
Act, 1955 deals with void marriage. 1955 deals with voidable marriage.

3 Marriage does not exist in the eye of law. Marriage exists and continues to be valid unless it
is challenged.

4 The court simply passes the decree of The court passes the decree after taking into
nullity since the marriage has no existence account necessary conditions.
at all.

5 Parties can remarry without decree of Parties cannot do so.

nullity from the court.

6 Wife cannot claim maintenance under Wife can claim maintenance.

Section 125 of Cr.P.C

7 Void marriage is void ab initio A voidable marriage is regarded as valid until the
competent court annuls it.

8 Parties to a void marriage are criminally Parties to voidable marriage are not laid down
liable. with penalty.

9 In void marriages, not only first wife but a In voidable marriages, only the parties have right
third party who is affected can bring a suit to apply for annulment of marriage.
in Civil Court for declaring such marriage
void.

Void and Voidable marriage under Hindu law

A void marriage is a marriage which is unlawful or invalid under the laws of the
jurisdiction where it is entered. A void marriage is "one that is void and invalid from
its beginning. It is as though the marriage never existed and it requires no formality
to terminate."

A voidable marriage is a marriage which can be canceled at the option of one of the
parties. The marriage is valid but is subject to cancellation if contested in court by
one of the parties to the marriage. The validity of a voidable marriage can only be
made by one of the parties to the marriage; thus, a voidable marriage cannot be
annulled after the death of one of the parties. A voidable marriage exists until it has
been annulled by the courts.
 Void marriage (Section 11 of Hindu Marriage Act, 1955) - A marriage will be a void
marriage if:
1. If either party has a spouse living at the time of the marriage
2. If the parties are within the degrees of prohibited relationship
3. If the parties are sapindas of each other

Voidable marriage (Section 12 of Hindu Marriage Act, 1955) - Any marriage shall
be voidable and may be annulled by a decree of nullity on any of the following
grounds, namely:-
1. If the marriage has not been consummated owing to the impotency of the
respondent
2. If at the time of the marriage, either party is incapable of giving a valid consent of it
in consequence of unsoundness of mind

3. If at the time of the marriage, either party 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

4. If at the time of the marriage, either party has been subject to recurrent attacks of
insanity or epilepsy
5. If the consent of the petitioner was obtained by force or by fraud as to the nature of
the ceremony or as to any material fact or circumstance concerning the respondent

6. If the respondent was at the time of the marriage pregnant by some person other
than the petitioner
In a void marriage, the parties do not acquire any status of husband and wife as
such it does not confer any mutual rights and obligations upon the parties. On the
other hand, in a voidable marriage the parties acquire status of husband and wife
and it confers mutual rights and obligations upon the parties for all purposes until a
decree of court annuls it.

In a void marriage, either of the parties to the marriage may marry again without
getting a decree declaring the marriage void. The offence of bigamy is not attracted.
On the other hand, as the voidable marriage is valid unless avoided, neither of the
parties can marry again without obtaining a decree of nullity of marriage or else the
offence of bigamy is attracted.

In void marriage, neither of the parties acquire right of inheritance on the death of
other party when succession opens. On the other hand, in case of voidable
marriage, either of the parties acquire right of inheritance on the death of other party
when succession opens, if the marriage is not annulled.