What Are The Differences Between A Divorce And A Null And Void Marriage?
- Mehtab Ali
- Dec 16, 2024
- 4 min read
It Is More Than Just A Personal Relationship; It Is A Legal Contract Under Indian Law. This Comes With Its Own Set Of Rights And Obligations. Although Complications Sometimes Arise In Marriages, This Is Given A Legal Colour Regarding How Such Matters Are Handled Differently In Various Laws. Two Of The Commonly Used Legal Terms In Such Dissolution Or Null And Void Marriage Include Divorce And Void Marriage. Even Though Both May Result In Termination Or Recognition Of A Marriage, They Differ Much From One Another Regarding Their Legal Meanings, Processes, And Implications.
Divorce: About
Divorce Can Be Defined In Terms Of The Lawful Dissolution Of A Court-Anointed Marriage. Such Dissolution Is Permitted When A Marriage Is Legally Valid But Either Or Both Parties Seek To Dissolve It Legally. Dissolution Of Marriage I.E. Divorce May Be Governed By Various Laws Like Hindu Marriage Act, 1955; Muslim Marriage Act, 1939; Indian Divorce Act, 1869, Applicable To Christians; And This Would Include The Special Marriage Act, 1954, If The Parties Belong To Different Religions Or To Such Other Special Provisions.
Grounds For Divorce:
Hence, Diversity Can Be Obtained In India On Different Grounds Laid Down In The Marriage Laws Of Various Communities. Some Common Grounds Are:
Adultery: If Either Partner Enters Into Sexual Intercourse With Another Person, Then The Ground Is Adultery.
Cruelty: One Spouse Is Made To Endure The Mental Or Physical Torture By The Other Spouse.
Desertion: If One Partner Leaves The Other For A Predetermined Amount Of Time, Typically Two Years.
Conversion: If One Spouse Gets Converted To Another Religion And The Other Does Not Consent To It.
Insanity: A Partner Can Be Taken For Divorce On The Basis Of His Or Her Serious Mental Illness.
Impotent: A Partner Who Is Impotent Is Unable To Consummate The Marriage.
Null And Void Marriage: About
Nullity Would Be A Time When The Marriage Is Supposed To Have Never Taken Place, Actually. A Null Marriage Does Not Confer Any Legal Cogency Upon The Parties And Is Regarded By Law As If The Marriage Had Not Taken Place. It May Come About From A Variety Of Causes, And Its Consequences Differ From Those Of Divorce Since There Is No Valid Marriage In Existence From Which Such Dissolution Could Penalize Parties.
Reasons For A Null And Void Marriage:
Bigamy Or Polygamy: Two People Marry, With One Of Them Already Married To Someone At That Time. This Last Marriage, According To The Hindu Marriage Act And Several Other Marriage Laws In India, Is Null And Void.
The Non-Consummation Of Marriage: For If A Marriage Is Not Consummated, One Party Shall Be Deemed Constricted To Consummate It; Thus, It May Be Void At Such Time.
Fraud, Force, Or Coercion: If A Party Was Forced Into Marriage Or Misled About Some Significant Facts Of Marriage, Say, Identity Or Age, Such A Marriage Could Be Always Declared Null And Void.
Mental Incapacity: This Applies In Cases Where, At The Time Of Marriage, One Of The Parties Was Mentally Incapacitated Or Could Not Fully Appreciate The Significance Of The Marriage.
Underage Marriage: If The Two Parties Married At An Age Below The Applicable Legal Age Of Marriage (18 For Females And 21 For Males) They Will Have Such Marriage Declared Null And Void.
The Marriage Is Invalid: A Marriage Under Hindu Law Between Consanguinity Or With Respect To Proscribed Degrees Of Relationship Is Considered Invalid.
Difference Between Divorce And Null And Void Marriage
Though Both Divorce And Null And Void Marriage Both Concern An End Or Invalidity With Regards To The Marriage, They Fundamentally Differ In The Following Ways:
The Legal Status Of The Marriage
Divorce: A Divorce Applies To A Valid Marriage And Is The Legal Dissolution Of That Marriage. It Recognizes The Entering Into Marriage Itself But Dissolves It.
Null And Void Marriage: A Null And Void Marriage Is Considered Non-Existent From The Very Beginning. The Law Regards It As Though The Marriage Never Happened Because It Was Never Legitimate.
Grounds For Dissolution
Divorce: Divorce May Be Granted On Several Grounds Like Adultery, Cruelty, Desertion, Or Other Differences Of A Personal Nature After The Marriage Has Been Validly Performed.
Null And Void Marriage: A Null And Void Marriage Is Declared By Reason Of Certain Conditions Like Bigamy, Insanity, Fraud, Or Incomplete Age That Invalidated The Marriage At The Time Of The Entrance Into The Marriage.
Legal Effects
Divorce: Once The Divorce Is Granted, Both Parties Are Free To Marry Others. They May Have Claims In Terms Of Alimony, Child Custody, Or Distribution Of Properties As The Case May Be.
Null And Void Marriage: This Involves No Legal Consequence Or Right That Emanates From Void Marriage. For Instance, Bigamy Would Have Still Recognized The First Marriage, And The Second Would Be Treated As Being Invalid.
Time Required For Resolution
Divorce: Divorce Proceedings Can Be Very Lengthy, Especially In Contested Cases. Months, Maybe Even Years, Might Go By Before It Gets Final.
Null And Void Marriage: The Process Of Nullifying A Marriage Will Usually Be Shorter Because It Is More Likely To Involve A Direct Legal Challenge To The Validity Of The Marriage; Once Declared Invalid By A Court, It Will Be Considered As Non-Existent In The Eyes Of The Law.
While Both Divorce And Void Marriage Serve To End Relationships, The Terms And Conditions Under Which They Operate Differ Widely As Regards The Legal, Social And Emotional Consequences Of Such Acts. Thus, Divorce Pertains To A Legitimate Marriage, Ending The Contract With Legal Rights And Obligations. However, Null And Void Marriage Is Such That There Was In Fact Never Such A Marriage Before The Law. The Contrast Between These Two Terms Really Emphasizes The Complexities Of Family Law In India And The Need For Sound Legal Counsel On Marriage, Separation, Annulment, Etc.
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