Distinction between Void Marriage And Violable Marriage
No.
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Void Marriage
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Voidable marriage
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1.
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Meaning: A void marriage is no marriage at all. It does not exist
from the very beginning.
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Meaning: A voidable marriage
is one which can be avoided at the option of one of the parties to the
marriage. It remains valid for all practical purposes until and unless its
validity is questioned.
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2
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Section: Section 11 of the Hindu marriage Act, 1955 deals with void
marriage.
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Section: Section 12 of the Hindu marriage Act, 1955 deals with voidable
marriage.
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3
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Marriage does not exist in the eye of law.
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Marriage exists and continues to be valid unless it is challenged.
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4
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The court simply passes the decree of nullity since the marriage has
no existence at all.
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The court passes the decree after taking into account necessary
conditions.
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5
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Parties can remarry without decree of nullity from the court.
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Parties cannot do so.
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6
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Wife cannot claim maintenance under Section 125 of Cr.P.C
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Wife can claim maintenance.
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7
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Void marriage is void ab initio
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A voidable marriage is regarded as valid until the competent court
annuls it.
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8
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Parties to a void marriage are criminally liable.
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Parties to voidable marriage are not laid down with penalty.
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9
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In void marriages, not only first wife but a third party who is
affected can bring a suit in Civil Court for declaring such marriage void.
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In voidable marriages, only the parties have right to apply for
annulment of marriage.
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