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Marriage represents the union of two persons recognized socially or legally. Commonly, the foundation rests on love, commitment, and mutual support. Marriage serves as a cornerstone for family life, customarily practiced across diverse cultures, religious observances, and various legal systems worldwide. Conventionally, marriage provided for mutual spousal rights and responsibilities that extend beyond finance, emotions, and social order. Marriage performs a very vital role in the continuation of societies and promotes stability. While some marriages are based on personal choice, others are arranged.
The termination of a marriage is the legal and social separation of a marital relationship, often through divorce or annulment. Divorce legally ends a marriage, and both parties can remarry. Annulment declares a marriage invalid from its beginning. The most common grounds for termination are irreconcilable differences, infidelity, domestic violence, or incompatibility.
Muluki Civil Code has defined marriage into three types:-
- Valid Marriage
- Void Marriage
- Voidable Marriage
Valid Marriage
A valid marriage is legally and socially accepted as being between two persons that meets all the legal, cultural, and religious requirements in the area in which it took place. To be valid, a marriage would generally need to be entered with mutual consent, with legal age, with mental capacity, and concerning formal requirements like registration and celebration. It should also be according to laws regarding monogamy and prohibited relationships. A valid marriage entitles spouses with legal rights and responsibilities, such as inheritance, property ownership, and spousal support. In case any of the essential legal conditions are not present, the marriage is either considered void or voidable by law.
Muluki Civil Code 2074 Section 70, deals with valid marriage.
If marriage is concluded between a man and a woman following these conditions then it is considered as valid marriage; -
- If the man and the woman agree to accept each other as husband and wife,
- If the man and the woman are not relatives, punishable by law on incest,
- If the matrimonial relationship of both the man and the woman does not exist,
- If both have attained twenty years of age.
Void Marriage
A void marriage is considered never to have existed in the eyes of the law because it was legally invalid from its start. Unlike a voidable marriage, where annulment has to be sought first before it can be declared invalid, a void marriage is automatically null and void without any legal actions. Common grounds for a void marriage include bigamy, incest, lack of legal age, or lack of proper consent. Since a void marriage has no legal standing, the parties involved do not need to go through a formal divorce to dissolve it.
Muluki Civil Code 2074 Section 72, deals with valid marriage.
Marriage concluded in any of the following circumstances shall be void,
- A marriage concluded without the consent of the man or the woman,
- A marriage concluded between relatives, is punishable by law on incest.
- Marriage is done without attainment of twenty years of age.
- Another marriage concluded by a man or woman whilst the current marital relationship is still prevalent except in the situation of being separated by taking partitions according to law.
Voidable Marriage
A voidable marriage is legally valid, yet, upon being challenged by one of the spouses in a court of law, can be declared invalid. While a void marriage is automatically invalid, a voidable marriage remains valid until annulled. Grounds for a voidable marriage may include lack of free consent due to fraud, coercion, or undue influence, mental incapacity, impotence, concealment of important facts, or one spouse being underage without proper consent. If no party challenges the marriage, it remains legally binding. Once annulled, a voidable marriage is considered never to have existed.
Muluki Civil Code 2074, section 73 deals with voidable marriage.
No one shall conclude, or cause to be concluded, marriage with a man or a woman on any of the following conditions, by way of misrepresentation. Marriage concluded in any of the following circumstances and any person who concludes such a marriage does not accept it, the person may get such a marriage voided.
- If both have not attained twenty years of age.
- One who has contracted human immunodeficiency virus (HIV) or Hepatitis 'B' or similar other incurable severe disease,
- One who has already been proven to have no sexual organ, to be impotent, or to have no reproductive capability,
- One who is dumb or has lost hearing capacity, is fully blind or is suffering from leprosy,
- One who is of unsound mind,
- One who is already married,
- One who is pregnant,
- One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same.
Cancellation or dissolution of marriage can only be done following the conditions of voidable marriage. Cancellation of marriage is different than divorce. Valid marriage could be divorced but the voidable marriage can be annulled if lawsuit is filed within the time limitation.
Muluki Civil Code, 2074 Section 84, lawsuit can be filed within three months after the date on which such act was done or action taken.
Difference Between Cancellation of Marriage and Divorce
| Aspect | Cancellation of Marriage (Annulment) | Divorce |
|---|---|---|
| Meaning | Declares a marriage legally invalid as if it never existed. | Legally ends a valid marriage, recognizing its existence. |
| Legal Status | Marriage is considered null and void from the beginning. | Marriage is dissolved, but its legal existence remains in records. |
| Grounds | Fraud, coercion, bigamy, underage marriage, lack of consent, incapacity, or incest. | Irreconcilable differences, adultery, cruelty, abandonment, or mutual consent. |
| Effect on Marital Rights | No legal rights or obligations arise from the marriage. | Spousal rights such as alimony, property division, and child custody are settled. |
| Requirement of Court Order | Required for annulment in most cases. | Always requires a legal process. |
| Time Frame | Usually sought within 3 months after marriage. | Can be filed anytime after marriage. |
Marriage is an institution that shapes social and legal relationships. Not all marriages, however, stand the test of time, and their termination is a matter of law. According to the Muluki Civil Code 2074, a marriage either may be valid, void, or voidable, depending on the conditions laid down for each category. If the dissolution of a legally valid marriage by divorce, marriage annulment declares a void or voidable marriage as never existed. The understanding of the difference in these legal processes will protect an individual's rights. Whichever the case may be, annulment or divorce, both have legal coverage to make the decision just and fair for a person to go ahead with protection under the law.