When a marriage is performed in violation of absolute impediments or perpetual impediments, the marriage is batil, null and void void ab initio. A void marriage is no marriage and no. legal consequences flow from it.
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Neither it confers the status of husband and wife on the parties, nor the status of legitimacy on the children, nor do mutual rights and obligations arise from such marriage. It is called a marriage because two persons have undergone the necessary formalities of marriage. But since they totally lack capacity to marry, marriage cannot come into existence between the two.
ADVERTISEMENTS:
Thus, marriages performed in violation of rules of consanguinity, fosterage or affinity, or with another’s wife, are batil marriages. There is no process recognized or prescribed in law whereby such marriages can be validated. Since the marriage is void ab initio, the parties are free to go their own way. If the wife enters into another marriage, she will not be guilty of bigamy.
Third persons can take a stand and say that the marriage is void, even though the marriage has not been formally terminated. Thus, A and В have undergone a ceremony of marriage, but their marriage is void, since they are related to each other within the degrees of prohibited relationship.
A dies leaving behind his father P and В. P claims A’s entire property by saying that since the marriage of A with В was void, В has no status of wife, and he is, therefore, entitled to the property, His claim will stand.
Although no legal action is necessary for the declaration of such a marriage as null and void, any person who is interested in getting such a declaration can file a declaratory suit under S. 9, C.P.C. read with S. 34, Specific Relief Act, 1963. Under Muslim Law the matrimonial cause of nullity of marriage is not recognized.