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 Sakshi

Advocate Sakshi

Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Muslim Law, R.T.I

Get Advice
Advocate Mohd Alam

Advocate Mohd Alam

Cheque Bounce, Child Custody, Court Marriage, Criminal, Muslim Law, Wills Trusts, Motor Accident, Family, Domestic Violence, Anticipatory Bail, Cyber Crime

Get Advice
Advocate Shashi Ranjan Akhouri

Advocate Shashi Ranjan Akhouri

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Domestic Violence, Family, Property, Succession Certificate, Divorce, Motor Accident

Get Advice
Advocate Pawan Kumar Morya

Advocate Pawan Kumar Morya

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Family, Motor Accident, Revenue

Get Advice
Advocate Om Rajkumar Karad

Advocate Om Rajkumar Karad

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Cyber Crime, Domestic Violence, Family, High Court, Medical Negligence

Get Advice
Advocate Nishar Pathan

Advocate Nishar Pathan

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Recovery, Supreme Court, Revenue

Get Advice
Advocate Jangkhogin Haokip

Advocate Jangkhogin Haokip

Motor Accident, Domestic Violence, Family, Civil, Criminal, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Child Custody, Recovery

Get Advice
Advocate Deepak Kumar

Advocate Deepak Kumar

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, Wills Trusts, Corporate

Get Advice

General Related Questions

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