PVL2601 - 5. VOID, VIODABLE, PUTATIVE MARRIAGES
What are Void Marriages? - A void marriage is one which has simply never come into existence. The
position is thus exactly as it would have been had the "marriage" never been concluded.
Void marriage on following -
1. Marriage is solemnized by someone who is not a competent marriage officer.
2. No witnesses present at marriage.
3. One party is already married.
4. The parties are related to each other within the prohibited degrees of relationship.
5. One of the parties is below age of puberty.
6. One of the parties is mentally ill.
What is the Consequence Of A Void Marriage - marriage is void ab initio - from the outset - does not
have legal consequences of a valid marriage.
What is a Voidable Marriage? - Marriage in which grounds are present either before or at time of the
wedding, on the basis of which the court can be requested to set the marriage aside.
Grounds for setting aside:
1. Minority.
2. Stuprum - woman is pregnant by another man at time of marriage.
3. Material mistake.
4. Impotence.
5. Sterility.
What is the Consequences of A Voidable Marriage? - A voidable marriage remains in force & has all the
normal legal consequences of a valid marriage until it is set aside by a court order. Children born &
