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 Under Hindu law, there are certain situations where a marriage may be considered void or voidable. Let's understand the concepts of void and voidable marriages in the context of Hindu law:


1. Void Marriage: A void marriage is one that is considered to be invalid from its inception and is treated as if it never took place. It is void ab initio, i.e., void from the beginning. In Hindu law, the following marriages are considered void:


a) Prohibited relationships: If the parties to the marriage are within the prohibited degrees of relationship, such as parent and child, brother and sister, and so on, the marriage is considered void. Prohibited relationships are defined in the Hindu Marriage Act, 1955 and may vary based on different Hindu schools and customs.


b) Sapinda relationships: If the parties to the marriage are within the prohibited degrees of sapinda relationship, as per Hindu law, the marriage is considered void. Sapinda relationship is based on the concept of common ancestors within five generations in the line of ascent through the mother and three generations in the line of ascent through the father.


c) Non-compliance with essential requirements: If the marriage does not comply with the essential requirements of a valid Hindu marriage, such as the legal age of parties, mental capacity, consent, and ceremonial requirements, as discussed in the previous answer, it may be considered void.


A void marriage does not have any legal validity, and the parties are not legally considered as married. It can be declared void by a court of law, and the parties are not entitled to any legal rights and obligations that arise out of a valid marriage.


2. Voidable Marriage: A voidable marriage is one that is initially valid, but can be annulled or declared void by a court of law on certain grounds. In Hindu law, the following marriages are considered voidable:


a) Mental incapacity: If either party to the marriage is of unsound mind or suffering from a mental disorder that renders them incapable of giving valid consent to the marriage, the marriage can be declared voidable.


b) Fraud or misrepresentation: If either party has been induced into the marriage by fraud, misrepresentation, or concealment of material facts, the marriage can be declared voidable.


c) Consent obtained by force or coercion: If the consent of either party has been obtained by force, coercion, undue influence, or threat, the marriage can be declared voidable.


d) Impotence: If either party is unable to consummate the marriage due to impotence, the marriage can be declared voidable.


A voidable marriage remains valid unless and until it is annulled by a court of law. Once annulled, the marriage is treated as if it never took place, and the parties are relieved of their legal rights and obligations that arise out of a valid marriage.


It's important to note that the laws regarding void and voidable marriages may vary based on different Hindu schools of law, regional customs, and applicable laws. It is always recommended to consult a qualified legal professional for accurate and up-to-date information on void and voidable marriages under Hindu law, and to understand the legal implications and consequences.

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