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Chennai

Null and Void

Null and Void

In India marriage are declared null and void when the marriage happens not in a legal manner prescribed under Indian laws. The husband and wife relationship is declared as illegal and the courts will announce the marriage never made the spouses as husband and wife.

Who can apply for Null and void

Under Age Marriage : when bride is under 18 years and the bride groom is under 21 then the marriage is null and void

Unsound Person Marriage : when one of the spouse was not able to give the consent due to the insanity or mental illness, then the marriage itself is null and void.

Without breaking first marriage : When a marriage of a spouse is still existing then the second marriage is not valid under law and it is subject to Bigamy which provides a punishment for a term of 7 years. It is necessary to get a divorce order from the court to perform a second marriage.

Impotency : When one of the spouse was not able to have a sexual intercourse which happens in a normal persons then the affected spouse can approach the court to declare the marriage as null and void on the ground of impotency.

Non Consummation of Marriage : When the marriage was not consummated with the reasonable time after marriage then the other spouse can file a case for null and void for the non-consummation of marriage.

Consent obtain by fraud : When one of the spouse has hided any original information against him and give a false information at the time of marriage, it amount to the consent obtained by fraud.

Non- Performance of essential religious ceremonies: When the marriage has not celebrated as the religion prescribed then the marriage can be declared as null and void. In the state of Tamil Nādu special amendment is made in the Hindu Marriage as it prescribed the marriage can be done in the way of self-Respect mode without absorbing the religious ceremony.

Prohibited Relationship : When the relationship between the spouses are prohibited then that marriages are not valid before law.
Ex: A person cannot marry a brother of sister. Marriage between Sapindas is prohibited in Hindu Marriage Laws. Men cannot marry a daughter and a granddaughter. Women cannot marry father, grand father or son and grandson.

Wife Pregnant at the time of Marriage : If the bride is pregnant at the time of marriage whom the bridegroom is not the reason for pregnancy, the performance of the marriage is declared as null and void.

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