Void and Voidable Marriage under Hindu Marriage Act
⚖️ Void and Voidable Marriages under the Hindu Marriage Act, 1955 (HMA)
The Hindu Marriage Act, 1955 provides for the legality of marriages among Hindus and also lays down circumstances under which a marriage can be void or voidable.
Understanding the distinction is crucial in family law.
1️⃣ Void Marriage (Section 11, HMA)
Definition
A marriage is void if it is illegal from the beginning, i.e., it never legally existed due to certain defects.
Grounds under Section 11(1)
A marriage is void if:
Either party has a spouse living at the time of marriage (bigamy).
Either party is incapable of giving valid consent due to unsoundness of mind.
Either party is suffering from a mental disorder that makes them unfit for marriage and procreation of children.
Prohibited relationship (sapinda relationship or close blood relation) unless permitted under custom.
Key point: Void ab initio – the marriage is treated as never valid, and no decree of divorce is required to nullify it.
Case Law
Sarla Mudgal v. Union of India (1995) 3 SCC 635
Bigamous marriages are void under Section 11.
Lata Singh v. State of U.P. (2006) 5 SCC 475
Consent and capacity are essential; marriage without valid consent is void.
2️⃣ Voidable Marriage (Section 12, HMA)
Definition
A voidable marriage is valid until annulled by a court. It can be annulled on specific grounds but remains valid until a decree is passed.
Grounds under Section 12
A marriage is voidable if:
Either party was incapable of giving valid consent due to unsoundness of mind at the time of marriage.
Consent obtained by fraud – for example, hiding previous marriage, impotency, pregnancy by another man, or significant facts.
Consent obtained by force or coercion – e.g., threats, duress, or undue influence.
Either party is suffering from a venereal disease in a communicable form.
Female spouse has not completed 18 years of age at the time of marriage (HMA amendment).
Key point: Valid until annulled – requires a court decree. Unlike void marriages, divorce/annulment is necessary to dissolve it.
Case Law
Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228
Consent and knowledge are crucial; concealment of facts can make marriage voidable.
Smt. Sapna Prasad v. State of U.P. (2010) 3 ALD 1
Marriage obtained by fraud can be annulled.
3️⃣ Comparison Table: Void vs Voidable
| Feature | Void Marriage | Voidable Marriage |
|---|---|---|
| Legal Status | Invalid from beginning (ab initio) | Valid until annulled by court |
| Court Decree | Not required | Required for annulment |
| Grounds | Bigamy, prohibited relationship, unsound mind, incapacity | Fraud, coercion, consent issues, venereal disease, minor female |
| Effect on Children | Children considered legitimate | Children considered legitimate |
| Example | Marriage between two Hindus when one is already married | Marriage where consent obtained by fraud (e.g., hiding impotency) |
✅ Key Takeaways
Void marriages are automatically invalid and need no court intervention to be recognized as null.
Voidable marriages are valid until the aggrieved party seeks annulment.
Understanding the grounds is essential to determine remedies: nullity vs annulment.
Children of both types of marriages are legally recognized as legitimate under Section 16 HMA.
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