Law4u Service

What Are the Grounds for a Void Marriage?

Answer By law4u team

Definition: A void marriage is a marriage that is legally invalid from the outset and has no legal effect. It is considered null and void as if it never happened. Grounds for declaring a marriage void are specific legal reasons established under various laws.

Grounds for Void Marriages:

1. Bigamy or Polygamy:

  • Definition: When a person who is already married enters into another marriage.
  • Legal Basis: Under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, bigamy is a ground for declaring a marriage void.

2. Non-Consummation:

  • Definition: The marriage is not consummated due to the inability of one spouse to engage in sexual relations.
  • Legal Basis: Under the Hindu Marriage Act, 1955, if a marriage is not consummated and one spouse cannot consummate it, the marriage may be declared void.

3. Impotence:

  • Definition: One party is physically incapable of consummating the marriage.
  • Legal Basis: Impotence or inability to consummate the marriage is a ground for declaring the marriage void under the Hindu Marriage Act, 1955.

4. Marriage Within Prohibited Degrees:

  • Definition: Marrying someone within the prohibited degrees of relationship (such as close blood relatives).
  • Legal Basis: Under the Hindu Marriage Act, 1955, marriages between close relatives are prohibited and are considered void if they occur.

5. Lack of Consent:

  • Definition: If the marriage was performed without the consent of one of the parties, especially if the consent was obtained under duress or fraud.
  • Legal Basis: Under the Special Marriage Act, 1954, lack of genuine consent is a ground for voiding the marriage.

6. Mental Incapacity:

  • Definition: One party was of unsound mind or mentally incapacitated at the time of marriage.
  • Legal Basis: Marriages involving a person who is mentally incapacitated can be declared void under various marriage laws, including the Special Marriage Act, 1954.

7. Underage Marriage:

  • Definition: The marriage was conducted when one or both parties were below the legal age of marriage.
  • Legal Basis: Under the Prohibition of Child Marriage Act, 2006, marriages involving individuals below the legal age are voidable, and not necessarily void.

Summary: Grounds for a void marriage include bigamy, non-consummation, impotence, marriage within prohibited degrees, lack of consent, mental incapacity, and underage marriage. Such marriages are invalid from the beginning and have no legal effect.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Manidharan G

Advocate Manidharan G

Family,Civil,Labour & Service,Breach of Contract,Property,

Get Advice
Advocate Yashpal Singh Ranawat

Advocate Yashpal Singh Ranawat

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Criminal, Cyber Crime, Divorce, Family, High Court, Motor Accident, R.T.I

Get Advice
Advocate Indrajeet

Advocate Indrajeet

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Sudhir Telgote Akotkar

Advocate Sudhir Telgote Akotkar

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident

Get Advice
Advocate Deepak Boora Khanpur

Advocate Deepak Boora Khanpur

Banking & Finance, Revenue, Bankruptcy & Insolvency, Corporate, Immigration

Get Advice
Advocate Yash Sharma

Advocate Yash Sharma

Anticipatory Bail, Arbitration, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Motor Accident, Startup, Tax, Trademark & Copyright, Documentation, GST

Get Advice
Advocate Rakesh

Advocate Rakesh

GST, Tax, Cheque Bounce, Banking & Finance, Civil

Get Advice
Advocate Sanjay Upadhyay

Advocate Sanjay Upadhyay

Anticipatory Bail,Consumer Court,Criminal,High Court,Medical Negligence,Divorce,

Get Advice

General Related Questions

Discover clear and detailed answers to common questions about General. Learn about procedures and more in straightforward language.