A
marriage, which is not valid, may be void or voidable. A void marriage is one which has no legal status. The courts regard such marriage as never having taken place and no rights and obligations ensue. It is void ab initio, i.e., right from its inception. Hence the parties are at liberty to contract another marriage without seeking a decree of nullity of the first so-called marriage. A voidable marriage on the other hand, is a marriage which is binding and valid, and continues to subsist for all purposes until a decree is passed by the court annulling the same. Thus, so long as such decree is not obtained, the parties enjoy all the rights and obligations which go with the status of marriage. A remarriage by any of the parties without a decree of nullity is illegal as it would amount to bigamy.
Distinction between a void and voidable marriage,
In a nutshell, is:
(i) A void marriage has no legal status right from the beginning, whereas a voidable marriage has all the rights and obligations of matrimony until it is annulled by court.
(ii) A void marriage may be declared a nullity at the instance of either party, whereas, in a voidable marriage, the court can pass a decree of annulment at the instances of the aggrieved party.
