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Void Marriage

Distinction between void and void able Marriage - There is some confusion in the use of terms "nullify" and annulment ". English court has often applied the term" nullify " to voidable as well as to void Marriage. Similarly, they have also not confined the term " nullify to voidable as well as to void Marriage.

Similarly, they have also not confined the term " annulment" to voidable marriages. Strictly speaking, nullity is the term applicable to void marriages and annulment to voidable marriage s.

Distinction between void and voidable marriage is very material. A void marriage is void av initio. It does not alter the status of parties - they do not become husband and wife, and it does not give rise to mutual rights and obligations of the parties.

A void marriage being no marriage, the court merely passes a decree declaring the marriage as void, while a voidable marriage is annulled by decree annulling it is passed. But a voidable marriage will remain a valid marriage till a decree annulling it is passed.

The parties to a void marriage may perform another marriage without getting a decree declaring their marriage as void, and neither will be guilty of bigamy. A wife of void marriage cannot claim maintenance u/s 125 Crpc ,1973, as she has no status of wife ,but a wife of voidable marriage can do so.

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