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. This process is called annulment.
Section 5 of Hindu Marriage Act provides that for a valid marriage, following three conditions must be fulfilled:
(1) neither party has a spouse living at the time of the marriage;
(2) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
(3) the parties are not having blood relation at the time of marriage with each other, unless the custom or usage governing each of them permits of a marriage between the two.
Note: Fulfillment of anyone of the aforesaid conditions renders a marriage null and void. Section 11 provides that such marriage shall be null and void. Any party can obtain decree of nullity of marriage from the Court.
Section 5 of the Act provides that at the time of marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity.
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