PVL2601 - 5. Void, Viodable, Putative
Marriages
What are Void Marriages? - A void marriage is one which has simply never come into
existence. The position is thus exactly as it would have been had the "marriage" never
been concluded.
Void marriage on following -
1. Marriage is solemnized by someone who is not a competent marriage officer.
2. No witnesses present at marriage.
3. One party is already married.
4. The parties are related to each other within the prohibited degrees of relationship.
5. One of the parties is below age of puberty.
6. One of the parties is mentally ill.
What is the Consequence Of A Void Marriage - marriage is void ab initio - from the
outset - does not have legal consequences of a valid marriage.
What is a Voidable Marriage? - Marriage in which grounds are present either before or
at time of the wedding, on the basis of which the court can be requested to set the
marriage aside.
Grounds for setting aside:
1. Minority.
2. Stuprum - woman is pregnant by another man at time of marriage.
3. Material mistake.
4. Impotence.
5. Sterility.
What is the Consequences of A Voidable Marriage? - A voidable marriage remains in
force & has all the normal legal consequences of a valid marriage until it is set aside by
a court order. Children born & conceived during the voidable marriage are legitimate. In
the event the application of an annulment is successful - retroactive effect in that parties
will be placed in the position they were in before the conclusion of the marriage.
What is a Putative Marriage? - When one/both parties unaware of defect which renders
the marriage void/voidable. Party(s) must in good faith believe they are entering into a
valid civil marriage (e.g. - parties did not know that they were related within the
prohibited degrees of relationship).
Marriages
What are Void Marriages? - A void marriage is one which has simply never come into
existence. The position is thus exactly as it would have been had the "marriage" never
been concluded.
Void marriage on following -
1. Marriage is solemnized by someone who is not a competent marriage officer.
2. No witnesses present at marriage.
3. One party is already married.
4. The parties are related to each other within the prohibited degrees of relationship.
5. One of the parties is below age of puberty.
6. One of the parties is mentally ill.
What is the Consequence Of A Void Marriage - marriage is void ab initio - from the
outset - does not have legal consequences of a valid marriage.
What is a Voidable Marriage? - Marriage in which grounds are present either before or
at time of the wedding, on the basis of which the court can be requested to set the
marriage aside.
Grounds for setting aside:
1. Minority.
2. Stuprum - woman is pregnant by another man at time of marriage.
3. Material mistake.
4. Impotence.
5. Sterility.
What is the Consequences of A Voidable Marriage? - A voidable marriage remains in
force & has all the normal legal consequences of a valid marriage until it is set aside by
a court order. Children born & conceived during the voidable marriage are legitimate. In
the event the application of an annulment is successful - retroactive effect in that parties
will be placed in the position they were in before the conclusion of the marriage.
What is a Putative Marriage? - When one/both parties unaware of defect which renders
the marriage void/voidable. Party(s) must in good faith believe they are entering into a
valid civil marriage (e.g. - parties did not know that they were related within the
prohibited degrees of relationship).
