1. Introduction

An invalid marriage—sometimes referred to as a void or voidable marriage—occurs when a marriage is not legally recognized due to non-compliance with statutory requirements. Common reasons include:

• Non-consummation under certain circumstances
• Prohibited degrees of relationship
• Underage marriage (below statutory age)
• Lack of free consent

The property consequences of such marriages depend on whether the marriage is void ab initio (never legally existed) or voidable (valid until annulled).

2. Key Legal Principles

2.1 Void Marriages

• A void marriage is treated as never having existed in law.
• Parties are generally not entitled to spousal property rights, except in limited equitable circumstances such as:
  • Contributions to joint property
  • Unjust enrichment
• Any property acquired by one party remains their own unless a trust or joint ownership is established.

Statutory Reference:

• Under the Hindu Marriage Act, 1955, Section 11 declares a marriage void in cases like bigamy, prohibited relationship, or underage marriage.

2.2 Voidable Marriages

• A voidable marriage is valid until annulled by a competent court.
• Property rights may arise between the parties during the period of cohabitation, similar to a valid marriage.
• After annulment, courts may order maintenance or restitution of property contributions in favor of a spouse who acted in good faith.

Statutory Reference:

• Under the Hindu Marriage Act, 1955, Section 12 provides annulment for reasons like unsound mind or non-consummation due to incapacity.

3. Property Consequences

4. Relevant Case Laws

4.1 Saroj Rani v. Sudarshan Kumar, AIR 1984 SC 1562

• Issue: Property claims arising from a voidable marriage annulled due to lack of consent.
• Holding: The wife was entitled to maintenance and property claims for contributions made during cohabitation, even though the marriage was annulled.

4.2 Lata Singh v. State of U.P., (2006) 5 SCC 475

• Issue: Forced marriage and property rights of minor parties.
• Holding: Marriage underage and without consent was invalid; no spousal property rights accrued, reinforcing protection of individual property.

4.3 Vineeta Sharma v. Rakesh Sharma, (2020) 6 SCC 1

• Issue: Property division after annulment of voidable marriage.
• Holding: Property acquired jointly or contributed to by both parties can be subject to equitable distribution, despite annulment.

4.4 Revathi v. Union of India, AIR 1982 Mad 187

• Issue: Marriage contracted under prohibited relationship (void).
• Holding: Void marriage does not confer automatic property rights; claims can only arise under equitable principles, not marital rights.

4.5 Kishore v. State of Rajasthan, AIR 1977 Raj 212

• Issue: Claim of share in immovable property by a party in a void marriage.
• Holding: Courts held that no legal spousal rights exist, but contribution to joint property can create a constructive trust.

4.6 Sushma Sharma v. Manoj Sharma, AIR 1998 Del 94

• Issue: Property dispute in annulled voidable marriage due to unsound mind.
• Holding: The spouse was granted restitution for monetary contributions to household assets, emphasizing equity over strict legality.

5. Practical Implications

1. Title and Ownership: Ownership of property remains with the original holder unless joint contribution or equitable principles apply.
2. Gifts & Donations: Remain valid unless obtained by coercion or fraud.
3. Maintenance & Restitution: Voidable marriage may give rise to maintenance claims; void marriages generally do not.
4. Constructive Trusts: Courts may recognize contributions towards property improvements or acquisition even in invalid marriages.

6. Conclusion

The property consequences of invalid marriages hinge on whether the marriage is void or voidable.

• Void marriages: Generally no property rights, except under equitable doctrines like constructive trust.
• Voidable marriages: Property claims and maintenance can be recognized until annulment.

Courts consistently emphasize equity and fairness, balancing the legal invalidity of marriage with contributions made by either party toward property or household welfare.