Law4u - Made in India

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 Vijay Babu Saxena

Advocate Vijay Babu Saxena

Criminal, Family, High Court, Motor Accident, R.T.I, Domestic Violence, Recovery, Cyber Crime, Court Marriage, Cheque Bounce, Anticipatory Bail

Get Advice
Advocate Siddharth Yadav

Advocate Siddharth Yadav

Motor Accident, Medical Negligence, Trademark & Copyright, Domestic Violence, Cyber Crime, Anticipatory Bail, Breach of Contract, Divorce, Documentation, High Court, Media and Entertainment

Get Advice
Advocate Shaileshkumar A Chauhan

Advocate Shaileshkumar A Chauhan

Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, NCLT, R.T.I, Recovery, Revenue, Anticipatory Bail, Child Custody, Supreme Court, Wills Trusts, Medical Negligence

Get Advice
Advocate Sonu Kushwaha

Advocate Sonu Kushwaha

R.T.I, Family, High Court, Criminal, Corporate, Civil

Get Advice
Advocate Anshuman Pandey

Advocate Anshuman Pandey

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Property, R.T.I, RERA, Revenue, Arbitration, Banking & Finance, Cyber Crime, High Court, Media and Entertainment, Motor Accident, Muslim Law, Succession Certificate

Get Advice
Advocate Shashank Mishra

Advocate Shashank Mishra

Cheque Bounce, Civil, Consumer Court, Family, High Court

Get Advice
Advocate Selgin B

Advocate Selgin B

High Court, GST, Anticipatory Bail, Civil, Arbitration, Armed Forces Tribunal, Banking & Finance, Corporate, Divorce, Cyber Crime, Family, Landlord & Tenant, R.T.I, Recovery, Trademark & Copyright, Tax, Motor Accident, Cheque Bounce, Bankruptcy & Insolvency, Consumer Court, Insurance, Property, Wills Trusts, Breach of Contract

Get Advice
Advocate I D Purohit & Associate, Advocate & Notary ( Govt Of India)

Advocate I D Purohit & Associate, Advocate & Notary ( Govt Of India)

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Supreme Court, Wills Trusts, Arbitration, Consumer Court, Revenue

Get Advice

General Related Questions

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