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A difference exists between a void marriage and a voidable marriage. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is ...
The Marriage Laws (Amendment) Bill, 2010 to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce easier on the grounds of irretrievable breakdown of marriage, was introduced in the parliament in 2012. The Bill replaces the words "not earlier than six months" in Section 13B with the words "Upon receipt of a ...
The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
An Indian state has approved an unprecedented uniform code for marriage, divorce, adoption and inheritance for Hindus, Muslims and other religious communities under new legislation that also ...
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate.
While there may be a permanence of certain fundamental beliefs about the nature of life that is pervasive through Hinduism, Hindus as a group are highly non-homogenous.As Derrett says in his book on Hindu law, "We find the Hindus to be as diverse in race, psychology, habitat, employment and way of life as any collection of human beings that might be gathered from the ends of the earth."
In many respects, the act was almost identical to the Hindu Marriage Act of 1955, which gives some idea as to how secularised the law regarding Hindus had become. The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law.
In 1955, the Hindu Marriage Act was drafted, which prohibited marriage of a Hindu whose spouse was still living. Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal [ 6 ] .