|Why is it Sacramental?||Why is it Contractual?|
|As per Contract Act 1872, contract with a minor is void ab initio. Even though section 5(2) says that valid consent is required and section 5(3) says that the boy should be above 21 yrs and the girl should be above 18 yrs, marriage done in contravention of these provisions is not void. Marriage with a minor is not even voidable only on that ground. In the case of Venkatacharyalu vs Rangacharyalu 1980, it was held that the person married may be a minor or even of unsound mind, yet if the marriage rite is duly solemnized, it is a valid marriage.||The fact that consent of the boy and the girl is required means that it is contractual. If the consent is obtained by force or fraud, the marriage is voidable.|
7 of HMA1955 requires that religious ceremonies are a must to complete
a marriage. A marriage done without "saptapadi" is void.
In the case of Dr. A N Mukherji vs State 1969, a person could not be convicted of bigamy because he performed 3 marriages without doing necessary ceremonies.
|Marriage is no more permanent since divorce is available by mutual consent.|
|Marriage is no more eternal since widow remarriage is permissible.|
|Even now bachelors are not eligible to perform several religious ceremonies. Only married couples are allowed. Thus, it still retains its sacramental property.||Marriage is no more holy because a marriage can be done without all the ceremonies such as vivah homam. Only saptapadi is required.|
|No-fault divorce, as available in western countries, is not available in HMA 1955. Thus, breaking up of a marriage is very difficult.|
|Defined by section 11||Defined
by section 12
Fraud - Rama vs Mohinder 1996 - Did not tell that she had a child with cesarean.
Fraud - Purbi vs Basudev 1969 - Husband's pre-marriage boasting about high prospects in life is not fraud.
Fraud - Som Dutt vs Raj Kumar 1986 - Wife concealed her age. She was 7 yrs elder.
|Marriage does not exist at all.||Marriage is fully valid until it is declared void by the court.|
|No consequences of marriage - right in property, conjugal rights, maintenance.||Full
consequences while marriage lasts.
decree of court is necessary. Decree can be obtained by either person.
decree is necessary. Marriage can be avoided only on the petition of
one spouse. If one person does not petition for annulment, marriage
will remain valid. If one person dies, the marriage will remain valid
|If someone calls the wife a concubine, it will not amount to defamation.||Decree is given retroactively.|
|Section 10 - Marriage still exists therefore cannot do adultery etc.||Section 13 - Marriage ends. Can remarry subject to sec 15.|
|Not obligatory for the petitioner to cohabit with the partner.||Cannot be undone.|
|Can be rescinded by petition of either party if court is satisfied.|