children of void and voidable marriages.-
(1) Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have ... granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition
Hindu marriage Act. 1955 and not to
any other marriage. His contention further is that a
marriage would be null and void under Section ... which protected legitimacy, were that:
(i) there was a marriage;
(ii) the marriage was void under
section 11 or voidable under
section 12 .
(iii) there
either party to the marriage. A
decree of divorce break-. the marriage tie. Incapacity for
marriage of such persons whose marriage is dissolved ... either party to the marriage. A decree of divorce breaks
the marriage tie. Incapacity for marriage of such persons
whose marriage is dissolved
Indian Contract Act, 1872
26. Agreement in restraint of marriage, void.—
Every agreement in restraint of the marriage of any person, other than a minor
said marriage was also registered as required under the Hindu Marriage Act, 1955 . However, at the time when the said marriage was performed, respondent ... parties was illegal or void. Further according to us the said observations are based on misconception of law that void marriage like voidable marriage
cognizable and non-
bailable."
Hindu Marriage Act
"5. Conditions for a Hindu marriage.-A marriage
may be solemnized between any two Hindus ... keeping of the lawful guardian
cannot contract the marriage and her marriage shall be
null and void.
15. In view of those provisions, I have
time suffered by a
party from contracting marriage, every such disability
does not render the marriage void. A submission that
8
the proviso is directory ... more inadvisable in the field of marriage laws.
Consequences of treating a marriage void are so
serious and far reaching and are likely to affect
authority to perform a marriage according to the other provisions of the Christian Marriage Act , the marriage was void. In the result the suit ... Section 5 , Indian Christian Marriage Act (1872), which says that such a marriage is to be declared void by a Court.
9. According
defendant have also urged in this appeal that childern of a void marriage are letitimate for the purpose of succession to the property ... regard to a woman whose marriage is void for declard void under the marriage is void is or declared to be void, a right
that the marriage is a nullity. Such a marriage is no marriage at all and any spouse can ignore such a marriage ... view, therefore, is that where a marriage is a bigamous marriage, the marriage is regarded as null and void from the very beginning
