Void Marriages under Section 11 of the Hindu Marriage Act, 1955
⚖️ Void Marriages under Section 11 of the Hindu Marriage Act, 1955
1. What is a Void Marriage?
A void marriage is one that is invalid from the beginning (ab initio).
Such a marriage has no legal effect, meaning it is treated as if it never took place.
Void marriages do not require annulment through a court — they are automatically null and void.
2. Section 11: Grounds for Void Marriages
Under Section 11, a marriage is void if:
Ground | Explanation |
---|---|
(a) Bigamy | Either party has a spouse living at the time of the marriage. |
(b) Prohibited Degrees of Relationship | Parties are within the degrees of prohibited relationship (close blood relations) and not permitted to marry. |
(c) Sapinda Relationship | Parties are sapindas of each other unless custom permits. (Sapinda = close kinship within certain generations) |
(d) Non-Compliance with Marriage Ceremonies | Marriage not solemnized according to prescribed rites and ceremonies (only applies to marriages under special conditions). |
3. Explanation of Each Ground
Ground | Details |
---|---|
Bigamy (Section 11(a)) | Marriage is void if either party is already married and spouse is alive (unless previous marriage is dissolved). |
Prohibited Degrees (Section 11(b)) | Marriages within certain blood relationships are prohibited — e.g., father-daughter, brother-sister, uncle-niece, etc. |
Sapinda Relationship (Section 11(c)) | Persons who are sapindas to each other cannot marry (except where customs allow). Sapinda means kinship traced through maternal and paternal lines within specific generations. |
Non-compliance with Ceremonies (Section 11(d)) | Applies when marriage is solemnized according to certain customs (e.g., Arya Samaj). If those specific ceremonies are not followed, marriage is void. |
4. Effect of Void Marriage
Void marriages are considered null and void from the outset.
They do not confer any legal status of husband and wife.
No legal recognition or rights arise from a void marriage.
The parties are free to marry again.
Children of void marriages may still be considered legitimate under Section 16 of the Act.
5. Distinction Between Void and Voidable Marriages
Aspect | Void Marriage (Section 11) | Voidable Marriage (Section 12) |
---|---|---|
Validity | Invalid from the beginning | Valid unless annulled by a court |
Grounds | Bigamy, prohibited relationships, etc. | Unsoundness of mind, consent obtained by fraud |
Court Order | No decree needed to declare nullity | Court annulment required to declare nullity |
Status of parties | No legal husband and wife status | Legal status continues until annulment |
6. Example
If a man marries a woman while still legally married to another woman, the second marriage is void under Section 11(a).
If two siblings marry, their marriage is void under Section 11(b).
7. Relevant Sections in Brief
Section | Subject |
---|---|
Section 11 | Void marriages and their grounds |
Section 12 | Voidable marriages and their grounds |
Section 16 | Legitimacy of children of void or voidable marriages |
8. Important Case Law
Saroj Rani v. Sudarshan Kumar (1984 SC)
Clarified differences between void and voidable marriages.
Lata Singh v. State of U.P. (2006 SC)
Emphasized the protection of individual choice and rights in marriage.
9. Summary Table
Ground for Void Marriage | Explanation | Effect |
---|---|---|
Bigamy | Existing spouse alive | Marriage is null & void |
Prohibited degrees | Close blood relations | Marriage is null & void |
Sapinda relationship | Close kinship prohibited | Marriage is null & void |
Non-compliance with ceremonies | Rites not followed (specific customs) | Marriage is null & void |
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