NULLITY OF MARRIAGE-VOID OR VOIDABLETWO TYPES OF BAR/IMPEDIMENTS TO A

MARRIAGE.

ABSOLUTE BAR-THEN MARRIAGE IS VOID.RELATIVE BAR-THEN MARRIAGE IS VOIDABLE.

VOID MARRIAGE IS VOID AB INITIO I;E DOES NOT EXIST FROM VERY BEGINNING.

THEN WHY CALLED MARRIAGE? –BECAUSE THEY HAVE UNDERGONE CEREMONIES BUT THEY LACK CAPACITY TO MARRY.

NULLITY OF MARRIAGE-VOID OR VOIDABLETHIS KIND OF MARRIAGE CAN

NEITHER BE APPROBATED NOR RATIFIED.

DECREE OF NULLITY IS NOT NECESSARY IN CASE OF VOID MARRIAGE.

ONLY EITHER PARTY TO MARRIAGE CAN FILE A PETITION FOR NULLITY IF MARRIAGE IS VOIDABLE.

NULLITY OF MARRIAGE-VOID OR VOIDABLEGROUNDS OF VOID MARRIAGE UNDER HMA [SEC 11] [APPLICABLE ONLY ON POST ACT MARRIAGE I.E 18 MAY

1955.BIGAMY-PARTIES SAPINDA TO EACH OTHER-PARTIES ARE WITHIN PROHIBITED RELATIONSHIPVOIDABLE MARRIAGES-PERFECTLY VALID SO LONG AS

EITHER PARTY TO MARRIAGE DOES NOT AVOID BY FILLING PETITION OF ANNULMENT IN COURT.

NULLITY OF MARRIAGE-VOID OR VOIDABLEONE PARTIES DIES BEFORE

CHALLENGING IT –CAN STRANGER CHALLENGE ?-NO

IF ONE PARTY TO EARLIER MARRIAGE REMARRIES W/O GETTING VOIDABLE MARRIAGE ANNULLED , LIABLE FOR BIGAMY.[WHILE PARTY TO VOID MARRIAGE CAN MARRY W/O ANY DECREE OF COURT]

NULLITY OF MARRIAGE-VOID OR VOIDABLERETROSPECTIVE DATE FROM DATE OF MARRIAGE-IF

VOIDABLE MARRIAGE IS ANNULLED.

MARRIAGE IS DEEMED TO BE VOID FROM VERY INCEPTION.

WIFE CAN ASK FOR MAINTENANCE IN SUCH CASE U/S 125 CR.P.C BUT WIFE OF VOID MARRIAGE CAN NOT.

GROUNDS OF VOIDABLE MARRIAGEIMPOTENCY OF RESPONDENT-RESPONDENT MUST

BE IMPOTENT ‘AT THE TIME OF CONSUMMATION OF MARRIAGE.

NULLITY OF MARRIAGE-VOID OR VOIDABLE BUT IF INCOMPETENCY IS OCCASSIONAL , THEN IT DOES

NOT AMOUNT TO IMPOTENCY

IF IT IS CURABLE THEN IT DOES NOT AMOUNT TO IMPOTENCY UNLESS RESPONDENT REFUSES TO UNDERGO TREATMENT

MERE BARENNESS/STERILITY OR NO UTERUS DOES NOT AMOUNT TO IMPOTENCY, WHEN WIFE WAS CAPABLE OF HAVING SEXUAL INTERCOURSE.

NULLITY OF MARRIAGE-VOID OR VOIDABLEBOP LIES SOLELY UPON THE PETITIONER.EVIDENCE OF DOCTOR ASSUMES

SIGNIFICANCE.CONCEPT OF JUST GROUND-UNDER CR.P.C

COURT MAY ORDER TO GIVE MAINTENANCE TO WIFE WHO IS LIVING SEPARETELY.

IMPOTENCY IS ALSO A GOOD DEFENCE TO A PETITION FOR RESTITUTION OF CONJUGAL RIGHTS.

WHERE THE FACT OF IMPOTENCY WAS SUPPRESSED-OTHER CAN ALSO CLAIM DAMAGE FOR MENTAL AGONY AND CHEATING.

NULLITY OF MARRIAGE-VOID OR VOIDABLE MENTAL UNSOUNDNESS-DISCUSSED EARLIER FRAUD OR FORCE-ABSENCE OF FREE CONSENT RENDERS THE

MARRIAGE VOIDABLE.[12(1)(C) IF CONSENT OBTAINED BY FRAUD OR FORCE PETITION MUST BE PRESENTED WITHIN ONE YEAR OF THE

DISCOVERY OF FRAUD OR CESSATION OF FORCE. ONCE DISCOVERED, PETITIONER MUST NOT HAVE LIVED WITH

OTHER AS HUSBAND OR WIFE. ANY MARRIAGE SOLEMNIZED BEFORE OR AFTER COMMENCEMENT

OF ACT. A SINGLE ACT OF SEXUAL INTERCOURSE AFTER SUCH DISCOVERY

WILL BE FATAL TO PETITION. FORCE IMPLIES COERCION OR UNDUE INFLUENCE. CONCEALMENT OF FACT MUST RELATE TO NATURE OF CEREMONY

OR WHICH CAUSES AN INTERFERENCE WITH THE MARITAL LIFE AND PLEASURE.

E.G CONCEALMENT OF IDENTITY, SERIOUS DISEASE, AGE , RELIGION, CASTE,

NON DISCLOSURE OF PRE-MARRIAGE STATUS [DIVORCEE] AMOUNTS TO FRAUD.

NULLITY OF MARRIAGE-VOID OR VOIDABLECONCEALMENT OF PRE MARRIAGE RELATIONSHIP

AND EVEN DELIVERY OF CHILD DOES NOT AMOUNT TO FRAUD

LAW COMMISSION ---IGNORE OTHERWISE MOST OF THE MARRIAGES WOULD BECOME VOIDABLE.

CONCEALMENT OF FINANCIAL STATUS AND EDUCATIONAL QUALIFICATION IS FRAUD [ANURAG ANAND V.SMITA ANAND AIR 1997 DEL

A MINOR GIRL CAN AVOID MARRIAGE U/S 12(1)(C) IF SHE WAS MARRIED AGAINST HER CONSENT AND WISHES.

PRE MARRIAGE PREGNANCY IS GROUND OF VOIDABLE MARRIAGE NOT ‘PRE MARRIAGE UNCHASTITY

WIFE PREGNANT AT TIME OF MARRIAGE OTHER THAN PETITIONER [HUSBAND]

NULLITY OF MARRIAGE-VOID OR VOIDABLEPETITIONER DID NOT AT TIME OF

MARRIAGE KNOW ITPETITION MUST BE PRESENTED WITHIN

ONE YEAR OF MARRIAGE.[PARSI-2 Y]MARITAL INTERCOURSE DID NOT TAKE

PLACE WITH PETITIONER’S CONSENT AFTER THE DISCOVERY OF PREGNANCY BY PETITIONER.

BOP ON PETITIONER-HOW-HUSBAND HAD NO ACCESS TO HER BEFORE MARRIAGE [E.G JAIL/OUTSIDE INDIA ETC

NULLITY OF MARRIAGE-VOID OR VOIDABLEBIGAMY-ANY MARRIAGE SOLEMNIZED AFTER

COMMENCEMENT OF THIS ACTPUNISHMENT MAY EXTEND TO 7 YRS AND ALSO FINE. IF PREVIOUS MARRIAGE WAS NOT DISCLOSED TO

PERSON THEN PUNISHMENT MAY EXTEND 10 YEARS AND ALSO FINE

HUSBAND ENTERED INTO SECOND MARRIAGE BUT COULD NOT PERFORM CEROMANIES REQUIRED FOR MARRIAGE , HELD NOT LIABLE FOR MARRIAGE.

VOID AND VOIDABLE MARRIAGEFIRST WIFE CAN NOT FILE A SUIT TO

DECLARE SECOND MARRIAGE VOID U/S 11.

SHE CAN FILE DECLARATORY SUIT U/S 34 OF SRA 1963.

BIGAMY IS MATRIMONIAL WRONG BUT IT IS VERY DIFFICULT TO PROVE.

FACT IS BIGAMOUS MARRIAGE IS PERFORMED W/O STRICTLY OBSERVING ALL CEREMONIES.