Void vs Voidable Marriages — KSLU Family Law 1 Notes
Void vs Voidable Marriages
Smt. Yamunabai Anantrao Adhav v. Anantrao (1988) — A second wife in a bigamous marriage is not a “wife” for maintenance under S.125 CrPC; the marriage is void from the start.
| Feature | Void (S.11) | Voidable (S.12) |
|---|---|---|
| Status | No marriage — void from the start | Valid until annulled by court |
| Court decree | Not required (but can be sought) | Essential to annul |
| Who can petition | Anyone interested | Only the aggrieved spouse |
| Children | Legitimate under S.16 | Legitimate |
Grounds for void marriages (S.11 + S.5): bigamy, sapinda relationship, prohibited degrees. Grounds for voidable marriages (S.12): impotence, mental disorder at the time of marriage, consent by force/fraud (file within 1 year of discovery), and pre-marriage pregnancy by another man (file within 1 year of marriage).