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
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
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
marriage of a minor in contravention of the Hindu Marriage Act and Section 14 of the Prohibition of Child Marriage Act, 2006 is void ... Hindu Marriage Act as well as the Child Marriage Restraint Act do not declare a marriage of a minor either as void or voidable, such
Prohibition of Child Marriage Act for annulling the marriage, the marriage shall become a full-fledged valid marriage. Similarly, after attaining eighteen years ... annulment of marriage. But, under Section 12 of the Hindu Marriage Act, since the marriage is not void ab initio, the same requires
case of a marriage covered by Section 12 of
the 1955 Act, the marriage is not void ipso-
jure from its inception, but a decree ... marriage which is not valid may
be either void or irregular.
(2) A void marriage is one which is
unlawful in itself the prohibition
against
