What is the difference between null and void and voidable marriage.
The nullification of marriage under sec25 of Special marriage act Null and void or Voidable ?
Pls reply me
sridhar pasumarthy (ADVOCATE) 17 January 2012
Dear Antony,
Null and void means the marriage is not valid in the eye of law.
Voidable means unless and until the marriage is declared as void by a court of law, it is valid.
Section 25 of SPA deals with voidable marriages.
Shantanu Wavhal (Worker) 17 January 2012
null & void = void ab initio = void ipso jure
marriage not valid since from inception - no liabilities whatsoever - neither delay nor conduct impose bar on decree (Halsbury - edn 4 - vol 3) - getting formal declaration from court is optional (not must.)
voidable
marriage is valid for all purposes till annuled by court - 1 party can file petition for annulment
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 January 2012
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