Nullity of Marriage in India

Marriage, also called matrimony or wedlock may be a culturally recognized union between people called spouses. It establishes rights and obligations between them. Most important and life- long time commitment. According to law Marriage is the legal status, condition or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to measure together within the relationship of Husband and Wife in law for all times , or until the legal termination of the connection . In India, a marriage is a legal status under different personal laws, followed in India, like Hindu Marriage Act, Muslim Personal Law Application Act 1937, Indian Christian Marriage Act 1955, Parsi Marriage 1872 and Divorce Act 1936, and Special Marriage Act 1954.

The concept of Nullity, may be a thorny and shunned remedy granted in very specific circumstance that exist during a marriage. Nullity generally, means an act that’s legally void in nature. In case of a wedding , it means a legal statement by the domestic relations court that there was the wedding didn’t exist between two people. The declaration makes it clear that the wedding never happened . It is very different from divorce and judicial separation. As in divorce may be a formal ending of a wedding . It is a legal declaration on the petition by the parties of the wedding that led to an end of a legitimate marriage. Under a divorce, the validity of the wedding isn’t questioned, but it questions the continuation of marriage. In A judicial separation is declared legally on request of the parties that they must be allowed living separately under the status of marriage. It is not an end of a marriage; neither has it questioned the validity of the marriage. Under Judicial separation, duties and liabilities remain the same for both the parties.
Under Hindu law, the grounds are mentioned under Section 5, clause 1, 4 and 5, The Hindu Marriage Act, 1955. If the respondent is impotent or underage. Even In case of incapacity to give valid consent or forced consent of parties or mental illness or person unfit for procreation of a child. If the respondent was pregnant by another person at the time of marriage. Then a marriage will be void. A voidable marriage is annulled by the decree of nullity under section 12 of the Hindu Marriage Act, 1955. Under voidable marriages, it’s the entire discretion of the parties to continue with marriage or to annul marriage by a decree of the court.
Under Muslim Personal Law Application Act, 1937, a marriage is a dissoluble of Muslim Marriage Act, 1939 Interreligious marriage to a woman who does not have religious status (a Muslim male also cannot marry a female who does not follow Islam).Marriage between milk relation or ‘Maharam’ close blood relatives. Marriage with an individual who renounces Islam or not having faith in Islam. In Sunnis conditional or interim marriage is void. Marriage to a lady in her Iddat period. In case the conditions of marriage are against Islam.
Under Christian Law in India he grounds for nullity of a marriage under the act are In case the respondent was impotent at the time of marriage and also at the time of institution of the suit. Bigamy where either of the party has living husband or wife at the time of marriage and that marriage is in force Marriage between the persons within the prohibited degree of consanguinity or affinity. Either party was lunatic at the time of marriage.
The Parsi community in India follows there separate act for marital laws. According to Section 30 of the act, in any case, during which consummation of the wedding by natural causes is impossible, such marriage may, at the instance of either party thereto, be declared to be null and void. According to Section 24 of the Special Marriage Act, 1954 on the petition of either of the party, a wedding are often declared null and void by the decree of nullity. Following are the grounds for it either party has a living spouse. Either party was incapable of giving valid consent thanks to unsoundness of mind or mental disease or unfit to the procreation of youngsters. Parties are under aged. Parties are during a relation of a prohibited degree. Impotency of the respondent.
The procedure of obtaining a decree of the Nullity of Marriage under all personal laws in India is nearly similar. The petition should be presented before the court. The jurisdiction of the concerned court will decide where the defendant or respondent resides. The court issue notice to the respondent or defendant to offer a reply before the court. Then Court grants relief accordingly, after hearing and evidence. Therefore Nullity of marriage make a person free from the marriage which is like a Burden over them. The grounds of nullity of marriage are also legal as well as taking care of religious sentiments.


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