taken that
marriage of a minor girl would neither be void nor voidable under the Hindu
Marriage Act, 1955 (hereinafter referred ... Section 5(iii) of the Hindu Marriage Act is neither
void nor voidable and the only sanction which is
provided under Section
Satyender Singh & Ors. (Lrs Of Hari ... vs Gulab Singh & Ors. on 22 March
very useful
discussion of the topic under the heading "Void
and Voidable" at pages 339 to 344 in
Administrative Law by wade, Seventh ... principle of legal relativity is
borne in mind, confusion over 'void or voidable'
can be avoided.
With great respect, we must say that
ground that the compromise on which it was based was void or voidable
and, therefore, was not lawful, no suit can be filed for setting ... ground that the compromise on which it was based was
void or voidable and therefore, unlawful, is either to go back to the Court which
succinctly reiterated the
distinction between void and voidable orders in these words:-
"20. A careful reading of the above would show that what
distinguishes ... therefore, evident that expressions "void" and
"voidable" have more than one facet. Transactions and
decrees which are wholly without jurisdiction
Marriage Act deals with legitimacy of children of void
and voidable marriages. Can it be said that legislature which was
conscious of the social stigma ... attached to children of void and voidable
marriages closed eyes to plight of a woman who unknowingly or
Crl.Rev.P. No. 584/2011 Page
sought on the premise that
the Lease Deed in question is void/voidable having been entered into
by the Petitioner on account of the fraud
under:-
"It is, therefore, evident that expressions "void" and
"voidable" have more than one facet. Transactions
and decrees which ... legally
effective."
7. Applying the salutary principles of law governing void and
voidable orders as enunciated above, the spirit of the law as embodied
sale deed or for any reason which makes the transfer
voidable (and not void), it is necessary that a suit has to be filed ... held that Article 59 applies to voidable
transactions and not void transactions. Therefore, the allegedly voidable
sale deed dated 3.12.1960 (having been executed
child marriage even under the secular
laws is not void ab initio but voidable at the option of the
contracting party who was a child ... indicates
that the marriage of a 'child' is not void but voidable.
9. Section 12 may also be noticed where certain marriages
