Brings to an end and different from divorce proceedings depending on period within which it is brought, Nullity-to end on basis of voidable must be within a year of marriage except if void, Divorce-after a year of marriage, S 13 of MCA person may apply for decree of nullity for annulment of void or voidable marriage.
Void-as non-existent, not comply with substantive and procedural requirements, decree not needed to set it aside per S 13(4) however party to it may apply for ancillary reliefs and decree will prove that marriage never came into existence, no defences available, once void always void, after death of one party application can be brought to declare marriage void and of no consequence, validity may even be challenged by a 3rd party be it family representative. Application may be made at any time.
Voidable-defective marriage that remains valid until annulled by decree of court, parties only can end it no 3rd party, decree is needed to nullify it, not allowed after death of one party, until ended a party can’t enter a valid marriage with another. Voidable where wilful lack of consummation, insanity unknown at time of marriage, at marriage pregnant with another man, suffering from infectious or venereal disease. Proof that at time of marriage petitioner was unaware of any fact above, that petition is filed within a year from date of marriage except where fact is lack of consummation, that sexual intercourse with consent has not taken place since discovery of fact.