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What is the status of null and void marriage?

Airtract

Payal Waqif

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Marriage is the only legal and traditional arrangement that is followed and recognized by people of any society and religion, which happens between a man and a woman known as husband and wife, respectively. Nullity of marriage can be mentioned as the legal declaration given by the court to declare that there was no relation of marriage existing between 2 people, and the marriage was not a valid one. 

Indian law is considering a marriage valid if neither of the party is an idiot or remained lunatic during the process of marriage. On the following grounds, a marriage can be declared null and void: Impotence- Lack of ability to have sexual intercourse. Lacking the mental capacity to maintain a healthy conjugal relation with spouse. If the marriage contract is claimed either by force or fraud, then also the court will call the marriage null and void.

The law in regards to the nullity of a marriage is not framed to discourage people from availing treatment for mental sickness, and neither restricts from getting the individual having mental illnesses married. The principal target of the law will be to avoid as well as nullify such marriages were due to unsoundness of mind. It turns severe and next to impossible to preclude in discharging the primary duties of marital life. Law also suggests that having a history in regards to mental illness should not appear as a bar for marriage

In case of a void marriage, the court will grant an annulment in place of a divorce. A marriage will be called be invalid due to Bigamy when One of the spouses is found already married to another person of opposite or in place when both spouses are having a wrong illusion that the previous marriage was ended because of divorce or death.

The law of null and void marriage varies slightly depending on the religion like Hindu, Muslim, Christian. In a few cases, the court may ask for the view of the Psychiatrists and legal experts to collect opinions on whether it will right to declare the marriage null and void.

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