Marriage is a sacred agreement accepted and recognized by society and religion, between a man and a woman, called husband and wife respectively. It is a religious sacrament sometimes called a contract between husband and wife to live together as husband and wife. The concept of holy marriage gave it a religious sacramental status in religion. In India, marriage is also legal under various personal status laws such as the Hindu Marriage Act of 1955, the Parsi Marriage and Divorce Act of 1936, the Indian Christian Marriage Act of 1872. There is also a special law of 1954 on marriage for certain marriages. According to Muslim law, marriage is a contract. Although marriage is a sacred marriage for life, due to a certain complexity and the future development of modern society, there are legal reasons for the termination of marriage or annulment of marriage. Nullity of marriage is a legal conclusion of the court that there was no marriage between two persons and that the marriage was not valid. This is an explanation that assumes that the marriage never took place. Nullity generally means an act that is legally void. In the case of a marriage, it is a legal statement from the family court that the marriage between two people did not exist and that the marriage was not valid. The statement makes it clear that the marriage never took place. (i) there is a public interest in the recognition of marriages by reason of its obligations and rights as such; The term faskh, although literally translated as marriage annulment, is not synonymous with the term « marriage annulment » as used in modern matrimonial law; In fact, there has never been a questionable marriage in Muslim law.
In Muslim law, there have been very few cases where a trial before a court has been deemed necessary in relation to marriage. (b) the applicant cohabited with the other party to the marriage as husband and wife with his or her free consent, after the coercion ceased or, as the case may be, the fraud was detected. The procedure for obtaining a marriage nullity decree under all personal laws in India is almost similar. Under the 1937 Law on the Application of Muslim Personal Law (Shariah), a marriage is an indissoluble contract between two parties of the opposite sex. A contract requiring valid consent from both parties and « Mehar » is also adopted. Therefore, dissolution of marriage is allowed for Shiites and Sunnis. Without the valid consent of the parties or their guardian, a marriage is void under the Muslim Marriage Dissolution Act 1939. Here are the following reasons for the dissolution of marriage under Muslim personal law: Sometimes people are confused with nullity of marriage, divorce and legal separation. There is a difference between the three. The Special Marriage Act is a secular law under which two persons of different religions may marry if they meet the eligibility requirements of the law. The Act provides for the dissolution of marriage by nullity under article 24 of the Special Marriage Act, the grounds for annulment being as follows: A null marriage is considered « without marriage ».
If a court annuls a marriage between two parties, it is considered invalid. What does it mean to annul my marriage under Hindu law? The effect of a marriage must be determined at the time of its execution. The parties` intentions provided no legal justification for altering the effect of the one ceremony that actually took place. In those circumstances, there was no ceremony capable of rendering a judgment annulling under section 11 of the 1973 Act. Under section 24 of the Special Marriage Act 1954, a marriage may be annulled by annulment at the request of one of the parties. For Hindus, marriage is an essential Sanskar according to smrities. It is the duty to do so. Marriage is indissoluble and essential to the fulfilment of religious and spiritual responsibility.