Voidable Marriage Essay

Voidable Marriage Essay-88
The court has the ability to establish rights and obligations related to the children from such marriages. (2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case, where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

The court has the ability to establish rights and obligations related to the children from such marriages. (2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

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Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following: 1) Either spouse was already married to someone else at the time of the marriage in question; 2) Either spouse was too young to be married, or too young without required court or parental consent.

Fraud is simply not telling the truth in order to induce the other party to enter into the marriage contract.

Whether the failure to tell the truth will be grounds for annulment depends of the facts of the case.

A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage.

If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all.A Party was Under the Age of Consent - If you were married while you are under the legal age, your marriage may be annulled.The legal age for boys is 21 years and for girls is 18 years.Divorce, however is a thorny question and Annulment is a very unusual remedy.In our modern world, an Annulment tends to be more a creature of religion than of law.Annulment is a legal procedure for declaring a marriage null and void.With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted.Force implies the use of or threat of the use of physical violence to make a person get married.The person who has been threatened or deceived about the marriage contract continues to live with the spouse after the discovery of the fraud or the deception or after being forced into the marriage, it is possible that this ground will not apply. (1) Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of the marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.Bigamy - If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary. A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption. A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs.A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties.

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