- If one of the parties to the marriage has a living husband or wife; or
- If the parties are within the prohibited degrees of relationship; or
- If they are sapindas of each other.
- If the conditions regarding valid consent have not been fulfilled, the resulting marriage is void. That means that the party wishing to challenge it can approach the court for a decree of nullity. Once such a decree is passed, the marriage would have no legal force whatsoever. For example, if after the solemnization of the marriage it is found that the groom could not have given his valid consent because of the unsoundness of his mind, the woman can get the marriage nullified through the court. Naturally, the court must be satisfied with the proof of mental disorder and unsoundness of mind claim. If voidable marriages are not challenged in court, they remain valid for all legal purposes.
Hindu Marriage Law
Ozg Experts & Lawyers
Email: hindu.marriage@ozg.co.in
