1. Core Legal Position

(A) If annulment petition is pending for a void marriage

If the earlier marriage is already void ab initio (e.g., bigamy, prohibited degrees, sapinda relationship under Hindu Marriage Act, 1955), then:

• The second marriage is legally valid, because there was no subsisting legal marriage in the first place
• A declaration of nullity is only formal recognition

Key principle

A void marriage is treated as “no marriage in the eyes of law”.

Case Law

1. Reena v. Rakesh Sharma (2017)

• Held: A marriage violating Section 5(i), (iv), (v) HMA is void ipso jure
• Such marriage is “no marriage at all”
• No legal obligation to wait for court declaration
   

(B) If annulment petition concerns a voidable marriage

If the earlier marriage is voidable (Section 12 HMA), such as:

• fraud
• coercion
• incapacity
• mental disorder
• impotence

Then:

• Marriage remains valid until annulled by court decree
• Any subsequent marriage during pending annulment is legally risky and may become void/voidable depending on outcome

(C) If annulment relates to divorce proceedings or pending appeal

If annulment or divorce is not final (appeal pending):

• The marriage is still considered legally subsisting until final decree

Key statutory rule: Section 15 HMA

2. Supreme Court Position on Pending Appeals / Pending Finality

2.1 Marriage during pendency of divorce appeal is NOT automatically void

Case Law 2

Anurag Mittal v. Shaily Mishra Mittal (2018)

• Clarified purpose of Section 15 HMA
• Restriction is procedural, not substantive nullity rule
   

Case Law 3

Supreme Court (S.A. Bobde & L. Nageswara Rao JJ.) interpretation of Section 15 HMA

• Even if appeal is pending, second marriage is not automatically void
• Unless statute expressly declares it void, courts will not assume nullity
   

2.2 Principle laid down

• Law distinguishes between:
  • “illegal act” vs
  • “void marriage”
• Violation of procedural bar ≠ automatic nullity

3. Legal Doctrine: Effect of Annulment Proceedings

Case Law 4

Priya Bala Ghosh v. Suresh Chandra Ghosh (1971, SC)

• “Marriage must be valid in law to have legal consequences”
• If marriage is not valid under law, it is no marriage at all
   

👉 This supports the idea that validity of first marriage is decisive.

4. Legal Consequences of Marriage During Pending Annulment

(A) If first marriage ultimately declared void

• Second marriage is valid
• No criminality or invalidity arises

(B) If first marriage declared voidable and annulled later

• Second marriage becomes valid prospectively
• Prior uncertainty may affect maintenance/property disputes

(C) If annulment is refused

• First marriage remains valid
• Second marriage becomes void under Section 11 HMA (bigamy)

5. Related Legal Principle (Void vs Voidable)

Case Law 5

Court interpretation in various HMA decisions (reaffirmed in multiple SC rulings)

• Void marriages = illegal from inception
• Voidable marriages = valid until set aside
• Only specific Section 5 violations make marriage void

6. Effect of “Solemnization” Requirement

Case Law 6

Early Supreme Court interpretation of “solemnize” (Priya Bala Ghosh line of reasoning)

• Marriage exists only when performed with proper ceremonies
• If legal solemnization is missing, no marriage exists at all
   

7. Practical Legal Summary

A marriage solemnized during pending annulment:

✔ Usually VALID if:

• earlier marriage is already void in law
• annulment only confirms pre-existing nullity

⚠ Risky / voidable if:

• earlier marriage is still legally valid pending annulment decision
• court later refuses annulment

❌ Void if:

• it becomes bigamy under Section 5(i) HMA
• first marriage remains valid and subsisting

8. Final Conclusion

Indian law does not treat every marriage during pending annulment as automatically void. The outcome depends on:

• nature of first marriage (void vs voidable)
• final court finding in annulment proceedings
• whether statutory conditions of Section 5 HMA are violated