Hindu Marriage Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955
Section 11 of Hindu Marriage Act: Void marriages
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
Legal Commentary & Landmark Judgments: Section 11
Section 11 of the Hindu Marriage Act, 1955 defines void marriages, rendering any marriage that contravenes fundamental statutory conditions null and void ab initio.
Statutory Commencement & Effective Date: Section 11 provides that any Hindu marriage solemnized after the commencement of the Act shall be null.
Statutory Relief & Application: Void ab initio and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv), and (v) of Section 5.
A void marriage is dead from its inception (ipso jure void); no legal marital status is created, no mutual property rights or widow inheritance accrue, and third parties or civil courts can treat the union as non-existent even without a formal nullity decree.
Key Landmark Precedents:
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 1 SCC 530: The Supreme Court established that a marriage in violation of Section 5(i) is void ab initio. The second woman cannot claim the legal status of a 'wife', and a decree of nullity under Section 11 merely declares a pre-existing legal nullity rather than creating a new legal state.
Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005) 2 SCC 33: The Supreme Court held that even though a marriage is void under Section 11, the court has jurisdiction under Section 25 to grant permanent alimony and maintenance to the woman to prevent destitution, recognizing that Section 25 applies to all proceedings under the Act.
M.M. Malhotra v. Union of India (2005) 8 SCC 351: The Supreme Court affirmed that a void marriage under Section 11 requires no formal declaration by a court to establish its nullity, though parties can obtain a declaratory decree under Section 11 for certainty.
Legal Commentary:
Section 11 is of paramount significance in family and succession disputes. While a formal petition under Section 11 can only be presented by 'either party thereto' during their lifetimes, collateral courts hearing partition or probate suits can independently determine the nullity of such marriages. To protect innocent progeny from social stigma and disinheritance, Parliament enacted Section 16, which confers statutory legitimacy and limited succession rights on children born of such void marriages.
Legal Commentary & Landmark Judgments: Section 11
Section 11 of the Hindu Marriage Act, 1955 defines void marriages, rendering any marriage that contravenes fundamental statutory conditions null and void ab initio.
A void marriage is dead from its inception (ipso jure void); no legal marital status is created, no mutual property rights or widow inheritance accrue, and third parties or civil courts can treat the union as non-existent even without a formal nullity decree.
Section 11 is of paramount significance in family and succession disputes. While a formal petition under Section 11 can only be presented by 'either party thereto' during their lifetimes, collateral courts hearing partition or probate suits can independently determine the nullity of such marriages. To protect innocent progeny from social stigma and disinheritance, Parliament enacted Section 16, which confers statutory legitimacy and limited succession rights on children born of such void marriages.