I would like to know that if a marriage where the husband and wife are living separately for more than a year and they never had a marital relationship, moreover, their marriage was not registered under the Special Marriage Act, can it be declared as a void marriage? If yes, then on what grounds and if No, then why it cannot be declared as void marriage?
Supreme Court has made registration of marriage compulsory and any marriage, irrespective of any personal law, can be declared as void if the marriage is not consummated as well as unregistered. However, if the marriage is consummated but unregistered, then the marriage cannot be declared as void and if the marriage is registered but it is unconsummated, then also the marriage is void as it is considered as incomplete marriage according to Law.
