Voidable Marriage Essay

In Section 5 of the Hindu Marriage Act 1955, there are some conditions laid down for a Hindu Marriage which must be fulfilled in case of any marriage between two Hindus which can be solemnized in accordance with the requirements of this Act.Section 5 Condition for a Hindu Marriage - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: (i) Neither party has a spouse living at the time of the marriage; (ii) At the time of the marriage, neither party,- (a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity or epilepsy; (iii) The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage; (iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; (v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two: An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage.

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The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.

8) Prisoners sentenced to a term of life imprisonment may not marry. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease).

Divorce, however is a thorny question and Annulment is a very unusual remedy.

In our modern world, an Annulment tends to be more a creature of religion than of law.

A Party was Under the Age of Consent - If you were married while you are under the legal age, your marriage may be annulled.

The legal age for boys is 21 years and for girls is 18 years.However, if the spouse who did not have the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply.This particular ground most often applies to someone who has been mentally ill or who has suffered from mental or emotional disorder.Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations.In Hindu Law, Marriage is treated as a Samaskara or a Sacrament.The inability must continue and must exist at the time of suit.Lack of Mental Capacity - If the court finds that either spouse did not have ability to understand the nature of the marriage contract or the duties and responsibilities of the marriage contract, then there may be grounds for an annulment.Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud.Voidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- (a) that the marriage has not been consummated owing to the impotency of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.A marriage by an underage party may become legally binding and incapable of annulment if the cohabitation of the parties as husband and wife continues voluntarily after the person reached the age of consent.Fraud or Force - If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment.

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