• What is the status of null and void marriage

If the marriage is declared null and void by the ecelestical court whether the wife can claim moiety share in the properties owned by husband exclusively and not purchased during the marriage.
What is the relevant provisions of law or judgement which confirms the answer given or which is applicable to the answer of the above question .
The answer to the above question is based on which judgement or which specific provision of law.
Asked 8 months ago in Family Law from Panaji, Goa
Religion: Christian
There is no law regarding claim share in the property by wife if the marriage is void.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1)he marriages that take place under the Community Property Law allow each spouse to automatically acquire joint ownership of all assets in their possession. Moreover these assets cannot be disposed without the consent of the latter, therefore women are protected under the law by husbands who might otherwise do as pleased with their assets.

2) in case marriage is declared null and void by court wife will not have any shares in property owned by husband exclusively 

3) An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid.

4) in your case annulment has not been pronounced by court of law 


5) canon law  decree of  annulment of marriage is not recognized by the court of law . wife would have share in husband properties 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED / SINGLE,

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. 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. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Section 12 of Hindu Marriage Act, 1955 deals with
Voidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.


So the claim has no legal sustainability, but the victim can claim damages .
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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A void marriage is, under the law, no marriage at all, whereas a voidable marriage is good and valid until it is annulled by an order of court. after declaration of annulment it is also treated as no marriage in the eye of the law. 
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
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Regardless of whether marriage is declared null and void or not the wife does not have a share in the properties of her husband. The answer is based on my own understanding of law, not a judgment or provision of law.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
What is the ecelestical court?
A marriage declared as null and void by any body or so called court or etc other than a court of law, itself is void and not enforceable.  
For  a marriage declared as null and void by a court of law, the wife may not be entertained even maintenance claim.  As far as Goa is concerned in a divorce suit, any property acquired after marriage shall be taken up for post nuptial arrangement and not on the property acquired before marriage. This clears your doubt.


What is the relevant provisions of law or judgement which confirms the answer given or which is applicable to the answer of the above question .

You may visit the Goan civil laws under which the divorce suit is filed where you can find the details and relevant portion of law suitable to our question. 






The answer to the above question is based on which judgement or which specific provision of law.

You can even search for suitable citations in this regard through internet/indian kanoon.org or any other relevant law websites or can contact your locl advocate who will be able to provide you the relevant citations.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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