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How Are Nullity and Divorce Seen under Indian Laws?

Nullity of a marriage is not equivalent to a divorce, the former being less grave than the latter. A decree of nullity can be obtained when the marriage is either void or voidable.

For example, if a woman, living in Patna, is unaware that she has a distant cousin in Ranchi and marries him, their marriage is void. Even the best divorce lawyers of Patna would advise her to apply for a decree of nullity, even though it is mandatory as per law.

Also, contrary to common belief, child marriages are not void in India.

Such ties of matrimony between related people are prohibited by law, in that, their marriages are void. Therefore, one spouse cannot be the sapinda of the other spouse, nor can the other spouse be in the degree of prohibited relationship of the other spouse. Sapindas, are relations up to the third generation (both inclusive) along …

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