Difference between Void

& Voidable Marriages

 Valid

Forms of Marriage Void

Voidable
 Impediments or Capacity to Marry

Absolute Relative
Impediment : Void Impediment :
Marriage Voidable Marriage
 • Void Marriage : section11 –Void abinitio. From the inception such
marriages are no marriages , Voidable marriages –section 12 ,
Void perfectly valid marriage till it is annulled by a decree of nullity.

• In void marriage no legal consequences of valid marriage flows

whereas in voidable marriages legal consequences flows till
Void marriage is not annulled.

• In void marriage either party can file the suit ,in case of voidable
marriage only the aggrieved party can file a suit to get the
File marriage annulled.
Conti…
• In void marriage decree is declaratory whereas in case of voidable
Void marriage decree is constitutive.

• One of the parties dies the marriage is still void but in case of voidable
Void marriage, if one of the parties dies , it becomes unchallengeable .

• No time –limit to declare marriage void but in case of voidable time

limit is there.
Cont…
The court simply passes the decree of nullity since the marriage has no existence at
all. In case of voidable marriage the court passes the decree after taking into account
necessary conditions.

Parties can remarry without decree of nullity from the court . In case of voidable
parties cannot do so.

In case of void marriage the decree declares the status whereas in case of voidable
marriages the decree changes the status.

Void marriage is no marriage whereas voidable marriage is as good as valid marriage

and as bad as void marriage .