Difference between Void and Voidable Marriage

Void Marriage Voidable Marriage

A wife does not have the

A wife has the right to claim maintenance in the voidable
right to claim maintenance
marriage.
in the void marriage.

In a void marriage, the

parties do not have the
Husband and wife have the status in the voidable marriage.
status of husband and
wife.

In a void marriage, no
decree of nullity is In a voidable marriage decree of nullity is required.
required.

A void marriage is none in A voidable marriage is to be declared void by a competent

the eyes of law. court.

The children in a void The children in a voidable marriage are treated as illegitimate
marriage are treated as but this distinction is deleted by the Supreme Court and said
legitimate. a child cannot be said termed as illegitimate.

Legitimacy of Children under Void and Voidable Marriages

 Legitimacy of children under void and voidable marriages are

specified under Section 16 of Hindu Marriage Act, 1955.
 In a void marriage, any children born out shall be treated as legitimate.
 In a voidable marriage, any child born of a marital relationship
subsequently declared as nullity by court shall also be termed as
legitimate.
 Even if the marriage under Section 11(void marriage) or Section 12
which is declared as null and void, notwithstanding such
circumstances the child born out of such marriage is held to be
legitimate.
 If prior to the marriage, the bride was pregnant and gave birth to the
child after the marriage, such a child cannot be treated as legitimate
because that child was not born out of the marital relationship of the
present marriage and therefore, the child born after the marriage
having been conceived prior to the marriage is to be held
illegitimate. Illustration: If there are two parties ‘A’ and ‘B’ where,
‘A’ is the husband and ‘B’ is his wife. During the time of the marriage
‘B’ is pregnant through another. After the marriage of ‘A’ and ‘B’, the
child born does not come from the marital relationship of ‘A’ and ‘B’.
That child will be termed as illegitimate.