Search results
Results From The WOW.Com Content Network
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment 00. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
In general, a marriage is void (as opposed to voidable) if: The parties' degree of consanguinity is too close – for example, a brother and sister or a parent and a child. Different jurisdictions have different lists of prohibited incestuous relationship .
The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by a third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a ...
"A marriage that takes place after the commencement of this Act, not being a marriage that is void, is voidable, where, at the time of the marriage: (a) either party to the marriage is incapable of consummating the marriage; (b) either party to the marriage is: (i) of unsound mind; or (ii) a mental defective;
The only recognised ground where a marriage is voidable (i.e. the marriage exists until it is made void through a court order) is the incurable impotency of the husband. The impotency must have existed at the time the marriage was solemnised and continue to exist at the time that the wife seeks to make the marriage void.
Marriage by abduction, also known as bride kidnapping, is a practice in which a man abducts the woman he wishes to marry. Marriage by abduction has been practiced throughout history around the world and continues to occur in some countries today, particularly in Central Asia, the Caucasus and parts of Africa. A girl or a woman is kidnapped by ...
A voidable contract, unlike a void contract, is a valid contract which may be either affirmed or rejected at the option of one of the parties. At most, one party to the contract is bound . The unbound party may repudiate (reject) the contract, at which time the contract becomes void .
Voidable marriage: (Section 3 ) Every child marriage is voidable at the option of the contracting party who was child at the time of solemnization of marriage. A Decree of nullity can be obtained by such person by filing petition before the District court for annulment of marriage within 2 years after attaining majority. [ 11 ]