Void Marriages under Section 11 of the Hindu Marriage Act, 1955

⚖️ Void Marriages under Section 11 of the Hindu Marriage Act, 1955

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.

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).

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.

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.

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

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).

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

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.

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