Is marriage considered legal if not registered?
The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. 2. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.
What happens if a marriage is declared null and void?
A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment.
What makes a marriage void in the eyes of the law?
A marriage which is no marriage from the very beginning is called a void marriage. It is unlawful or invalid as per the jurisdiction of where it is entered and can be nullified. The parties to the void marriage never married in the eyes of the law. It is to say that because it never existed, there is no formality involved to terminate it.
When does a marriage become a voidable marriage?
If relatively less but considerably enough disablement or impairments exist, a marriage is voidable. Section 12 deals with voidable marriages. All other marriages which are not covered by these two Sections are valid. A marriage which is no marriage from the very beginning is called a void marriage.
Can a will be made valid after marriage?
The only way that a Will can remain valid after marriage is if it is made “in contemplation of marriage.” Specific details will need to be given of the person that you intend to marry. This can be a good option for engaged couples who want to make Wills but don’t want them to become void after they tie the knot.
Are there any laws for voiding a marriage?
Now, Section 11 and 12 of the Act is a remedy for parties who are in a void or voidable marriage. Moreover, with the enactment of Amendment Act, 1976, the children born out of a voidable or void marriage are also awarded a title of legitimacy.
Can a voidable marriage be cancelled in court?
Voidable Marriage A voidable marriage is a legal marriage that can be cancelled at the option of one of the parties and it is subject to cancellation if contested in court. You can petition to the court for a decree of nullity to declare your marriage void on the following grounds:
Can a decree of nullity be granted if a marriage is void?
Collusion does not prohibit the granting of a decree of nullity. A decree of nullity granted on the ground that the marriage is voidable operates to annul the marriage only after the date of the decree and the marriage shall, notwithstanding the decree, be treated as if it had existed up to that time.
Can a child born out of a voidable marriage?
Section 16 of the Hindu Marriage Act, 1955 has been amended by Marriage Laws (7Amendment) Act of 1976 which says that the children born, after or before the commencement of the Act, out of a void or voidable marriage is legitimate.