Consider the following statements relating to Hindu marriage and decide which are correct : A. A void…
Under Section 11 of the Hindu Marriage Act, 1955 a marriage contravening Section 5(i), (iv) or (v) is void ab initio and is a nullity whether or not a decree is obtained,…
Choose your answer
Consider the following statements relating to Hindu marriage and decide which are correct :
A. A void marriage remains valid until a decree annulling it has been passed by the Court
B. A void marriage is never a valid marriage and there is no necessity of a decree annulling it
C. A voidable marriage subsists until a decree annulling it is passed by the Court
D. A voidable marriage remains invalid until a decree approving it is passed by the Court
Answer and explanation
Correct answer B
Under Section 11 of the Hindu Marriage Act, 1955 a marriage contravening Section 5(i), (iv) or (v) is void ab initio and is a nullity whether or not a decree is obtained, the decree under Section 11 being merely declaratory; a voidable marriage under Section 12, by contrast, is a valid subsisting marriage until it is annulled by a decree of the court. The correct statements are therefore "B, C only".
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