- 21-Dec-2024
- Family Law Guides
A voidable marriage in Indian law is a marriage that is valid initially but can be declared invalid by a court of law at the request of one of the parties involved. This is different from a void marriage, which is considered invalid from the moment it is solemnized. A voidable marriage is a valid marriage unless one of the parties seeks annulment on specific grounds.
Coercion or Fraud: If one party to the marriage was forced into the marriage through coercion, fraud, or misrepresentation, it can be grounds for annulment. For example, if one spouse hides important facts (such as a previous marriage or criminal background) or deceives the other about something essential (like financial status or health condition), the marriage can be declared voidable.
Consent under Duress: If a party is unable to give free and voluntary consent because of force, fear, or intimidation, it constitutes a lack of consent, which can make the marriage voidable.
Physical Inability to Consummate: If one spouse is unable to consummate the marriage due to impotence (i.e., physical incapacity to have sexual relations) at the time of the marriage, the marriage may be annulled. If the spouse cannot engage in sexual intercourse, the marriage can be annulled on this ground.
Permanent Condition: The impotency or physical incapacity must be permanent, meaning that it cannot be cured or rectified through medical treatment.
If one of the spouses is of unsound mind or is suffering from a mental illness at the time of marriage, the marriage may be voidable. The condition must be severe enough to prevent the individual from understanding the nature and consequences of the marriage.
This includes cases where one of the spouses was mentally incapacitated or incurable mental disorder existed, making it impossible for them to give meaningful consent.
Non-consummation of Marriage: If the marriage has not been consummated, and one of the spouses is unable or unwilling to consummate the marriage, it can be a ground for annulment. The refusal to consummate the marriage for a prolonged period can be considered a valid reason for a spouse to seek annulment.
This ground only applies if the inability to consummate is due to the physical or mental incapacity of one spouse and is not due to a refusal or choice by the other spouse.
Minimum Age Requirement: If one of the parties to the marriage is below the legal minimum age for marriage (18 years for women and 21 years for men), the marriage can be declared voidable. However, the marriage will still be valid until it is annulled by the court.
Prohibited Degrees of Relationship: If the marriage takes place between individuals who are closely related (within the prohibited degrees of relationship), such as between siblings, it is considered voidable. However, such a marriage is typically void under the law, except in cases where the spouses were unaware of the degree of relationship and can prove that they did not know.
Bigamous Marriage: If one spouse is already married to another person at the time of the marriage, the marriage can be annulled. Bigamy is illegal under the Hindu Marriage Act. If a spouse has already been married and the subsequent marriage happens without the first marriage being legally dissolved, the second marriage is voidable.
Hidden Facts: If one spouse conceals material facts about their identity or past (such as previous relationships, health issues, criminal record), it can lead to the marriage being annulled. This falls under the category of fraud and misrepresentation.
A spouse who wishes to annul the marriage must file a petition for annulment in the family court. The petition must specify the grounds on which the marriage is being challenged as voidable.
The court examines the facts and evidence, which may include medical reports, testimonies, and other relevant documents.
If the court is convinced that the marriage meets the legal grounds for annulment, it can pass an order declaring the marriage voidable. The court may also make arrangements for alimony, maintenance, and child custody if applicable.
Consider a case where Ananya marries Raj, but after the wedding, Raj refuses to consummate the marriage. Ananya discovers that Raj is impotent and unable to consummate the marriage. In this case, Ananya can file for an annulment under the grounds of impotency or physical incapacity to consummate the marriage, which makes the marriage voidable.
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