What Is A Null And Void Marriage?

Marriage is regarded as a sacrament in Hindu law but it can be annulled by the Family court if the honorable court is satisfied that requisites of legal marriage were never fulfilled in that particular marital relationship. Nullity generally means void in nature or the thing which never existed. For a marriage to be legal, requisites of section 5 should be complied with, and if any scenario of void or voidable marriage occurs then under section 12 of the Act court provides the decree of nullity. Void and Voidable, both marriages can be annuled by the Court.

Void marriage is void ab initio, if it breaches any requirement of section 5 of the Hindu Marriage Act  and in this case no decree is required from the court for annulment of the marriage. On the contrary, court decree is required if the marriage is voidable i.e. have taken place with any of the following grounds:

1. Marriage has not been consummated because of the impotence of the respondent
2. Marriage is in contradiction or breach  of the condition specified in clause (ii) of section 5
3. Consent was obtained by fraud or force.
4. Respondent was at the time of the marriage pregnant by some other person.

Thus, petitioner can reach out to court under the above mentioned circumstances and ask for the annulment of the marriage

1. At the time of the marriage in question, either partner was already married to someone else;
2. Either of the spouses was too young to marry without court or parental authorization. 
3. Either of the spouses was under the influence of drugs or alcohol at the time of the marriage. 
4. Either of the spouse was mentally incompetent during the time of the marriage.
5. If the consent to the marriage was obtained via fraud, deception, force.
6. At the time of the marriage, either of the spouse was physically incapable of being married (usually, chronically unable to have sexual intercourse).
7. The marriage was consummated between prohibited degrees of relationship.
8. People who have been sentenced to life imprisonment are not allowed to marry.

1. Petitions must be filed within 1 year of finding out the fraud or force.
2. Petitioner was not aware of the fact or allegation for which the petition is filed at the time of solemnization of marriage.
3. No sexual relationship should be established post the knowledge of the alleged facts.

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