...passed and, it will relate back to the time when the marriage is said to have been solemnized and the marriage will be a nullity. The difference between the void and voidable marriage is that where any of...that as the marriage between the petitioner and opposite party No. 2 stands annulled under Section 12(1)(c) of the Hindu Marriage Act and as such, opposite party No. 2 will...marriage at all was performed in between the petitioner and the opposite party No. 2, and therefore, it cannot be said that there is any marriage of the petitioner with the opposite party No. 2 or marriage...

...either of them.8. Turning now to the point at issue, Chakravarti, J., seems to have reached his conclusion on the following steps of reasoning. The effect of a voidable marriage being annulled by a decree of nullity is that the marriage is to be regarded as null and void from its inception. Thus there is no difference between a...’ are read in the sense in which Chakravarti, J. thinks they should be read. A voidable marriage must be regarded as good and valid until annulled and there does not seem to be any difference between a...decree of nullity passed in such a case only serves to put that fact on record. A voidable marriage may also be annulled by a decree of nullity under Section 12. However, the distinction between a void...

...void marriage and a voidable marriage and according to him, in case of only void marriage Under Section 11, the wife is not entitled to get maintenance while in case of voidable marriage, she is entitled to get the same even after the marriage is declared as nullity. This distinction drawn by the learned Magistrate is not sustainable in the eyes of law. The only difference between the void and the...the age of 21 years and the bride the age of 18 years at the time of the marriage. Then, Section 11 enumerates the void marriages. Section 12 deals with voidable marriages and Section 13 deals with the...marriage is void, ab initio or voidable and declared void by a decree of nullity. The benefit of maintenance under Sub-section (l)(a) is available only if the applicant is the wife of the person...

...of the marriage itself. The marriages of Hindus are governed under Hindu Marriage Act and the difference between legal, void and voidable marriage has...findings on, the question as to whether respondent No.7 had remarried after the death of her husband and if so whether the marriage was void. 8. In terms of the directions of the...parties allow such marriages, the marriage would not be a void marriage, but there is a need to establish the fact of such custom and usage before the court if an objection to the validity of the marriage...

..., notwithstanding the fact that he/she or both of them were married earlier, the same would be termed as void marriage. When we speak about a void marriage it gives the status of a nullity. Such a nullity would start from the date on which the marriage was conducted. Therefore, there is a marked difference between the marriage which is void and voidable. However...the conditions which are required for a valid marriage. Sections 11 and 12 of the Act deal with void and voidable marriages. Under Section 11 of the Act, when a man and wife marry each other...from such a void or voidable marriage are given the same status. The object and rationale behind Section 16 is to give an element of respectability to the child born from such a relationship. After all...

...earlier, the same would be termed as void marriage. When we speak about a void marriage it gives the status of a nullity. Such a nullity would start from the date on which the marriage was conducted. Therefore, there is a marked difference between the marriage which is void and voidable. However...marriage can be void or voidable, but the status of father and mother can never change. That is the import of Section 16 of the Act. Resultantly, this provision also gives social status and rights to the...defendant originally as his 1st wife and that the marriage between A.Paramasivam and 2nd defendant was dissolved by a decree dated 14.11.2000 granted by the Sub Court, Tiruppattur in HMOP.No.30/1996...

...the Act, 1955. We have heard counsel for the parties and with their assistance perused the material on record. Indisputably, there is a distinction between void and voidable marriage. Marriage is a voluntary union of one man with one woman to the exclusion of all others. The Act of 1955 provides for three types of marriages namely:- 1. Valid 2. Void; and 3. Voidable. The difference between...distinction between void marriage and voidable marriage. The distinction is very explicit & further indicated by Sec.17 of the Act, 1955 which makes the parties in void marriage criminally liable, while...apparent distinction between void and voidable marriages and this distinction is firmly rooted even in the common law and a voidable marriage is valid and not ipso facto void until sentence of nullity...

...status of wife or husband because such a marriage would be a void marriage under Section 5(1) of the Act. It appears to me that the reliance on the Supreme Court judgment by the Additional District Judge on Yamunabai's case (supra) is well founded because it emphasised the difference between void and voidable marriages...), Sections, 5(i), 11, 12, 14, 16 Marriage with person having living spouse-Is null and void-cannot be treated as voidable under Section 12. Criminal P.C. (2) of 1974), Section...commenced for the purpose. The provisions of section 16, which is quoted below, also throw light on this aspect:- "16. Legitimacy of children of void and voidable marriage...

...Joint Civil Judge, Senior Division, Nagpur, who by his judgment and decree dated 3-5-1985 declared the marriage between the parties as null and void. The appellant feeling aggrieved by the judgment...invalid not affecting the marriage.5. The Hindu Marriage Act classifies marriages as void, voidable and...as if there was no marriage between them and as such the marriage solemnised on 27th June, 1985 was legal and valid with the consequence that the appeal filed by the appellant was not tenable having...

.... Legitimacy of children of void and voidable marriages.—Where a decree of nullity is granted in respect of any marriage under Section 11 or Section 12 any child begotten or conceived before the decree.... Legitimacy of children of void and voidable marriages.—(1) Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had...the Hindu Marriage Act, 1955 specifically provides that, notwithstanding that a marriage is null and void, any child of such marriage, who would have been legitimate if the marriage had been...

...Section 16 of the Hindu Marriage Act whereby the legislature granted legitimacy to the children of void and voidable marriages for a limited purpose of succeeding to the property of...children born before the marriage was declared null and void and the children who were born after. Section 16 reads as follows:-“16. Legitimacy of children of void and voidable marriages -(1...under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.(2) Where a decree of nullity is granted in respect of a voidable marriage...

...holding that the decree was incapable of execution by subsequent promulgation of legislation by the State Legislature.16. The expressions “void and voidable” have been...without more ado. The other kind is when the invalidity does not make the list void altogether, but only voidable. In that case it stands unless and until it is set aside. In the present case the...valuation list is not, and never has been, a nullity. At most the first respondent — acting within his jurisdiction — exercised that jurisdiction erroneously. That makes the list voidable and not void. It...

...to Section 15 of the Act is void or merely invalid not affecting the core of marriage and the parties are subject to a binding tie of wedlock flowing from the marriage...custom or usage governing each of them permits of a marriage between the two. Condition (v) is similar with this difference that it prohibits marriage between two sapindas. Condition (vi) is a corollary...specified in clauses (i), (iv) and (v) of Section 5. Incidentally at this stage it may be noted that Section 11 does not render a marriage solemnised in violation of conditions (ii), (iii) and (vi) void...

...circumstances in which the marriage becomes void and the protection given to children of void and voidable marriages respectively makes the position clear that wherever the legislature wanted to provide for...legislature has taken care of children born from invalid marriages. Section 16 of the Marriage Act deals with legitimacy of children of void and voidable marriages. Can it be said that the legislature...contingencies flowing from void or voidable marriages, it has specifically done so. It is latently evident from Section 16 of the Marriage Act. There is no such indication in Section 498-A IPC...

.... It has been kept broad and general.15. Prior to the enactment of Section 16(3) of the Act, the question whether child of a void or voidable marriage is entitled...of marriage which is void and voidable are illegitimate “ipso jure” has to change completely. We must recognise the status of such children which has been legislatively declared legitimate and...void, as it had been conducted while his first marriage was still legally subsisting. Thus, the trial court held that the third plaintiff was the legally wedded wife of the first defendant and thus...

...case of a de facto marriage nor can it be held that the marriage between the appellant and Respondent 1 was void ab initio. It is a case where it is contended that at the time of marriage essential...that there had been a marriage between the appellant and Respondent 1 in the Temple of Lord Jagannath and the said marriage was a valid and legal one. It was further held that the child was born out of...hearing, learning counsel for the parties were heard at length and it was contended by the learned counsel for the appellant that there was no valid marriage between the appellant and Respondent 1 and...

...such a marriage is not legal. It may be true that this marriage is voidable and not void ab initio (except in the State of Karnataka) but the fact remains that if the girl has got married before the age...law and therefore an offence and such a marriage is voidable at her instance and the person marrying her is committing a punishable offence; the husband of the girl child would be committing...marriage and sexual intercourse with a married girl child between 15 and 18 years of age. There is a plethora of material to clearly indicate that sexual intercourse with a girl child below the age of 18...