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

Marriage, in Hindu law, is considered a sacred union and a social contract, solemnised with legal validity. The Hindu Marriage Act, 1955 (hereinafter ‘Hindu Marriage Act’) governs the legal framework for Hindu marriages in India. However, not every marriage solemnised under Hindu customs is automatically valid under the law. The Act lays down essential conditions that must be met for a marriage to be considered legally valid.

When these conditions are not fulfilled, the law treats such marriages as void — meaning they have no legal effect and are regarded as if they never existed. Section 11 of the Hindu Marriage Act specifically addresses void marriages and the grounds on which a marriage can be declared void.

What are Void Marriages under Section 11 of Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 sets out conditions for a valid marriage in Section 5. These include aspects such as age, mental capacity, absence of existing spouse, and prohibition of close blood relations.

Section 11 provides that any marriage solemnised in contravention of certain conditions of Section 5 is void from the beginning (void ab initio) and can be declared null and void by a court upon petition from either party.

It is important to distinguish void marriages from voidable marriages (covered under Section 12). Void marriages are invalid from the moment of solemnisation, whereas voidable marriages remain valid until annulled by a competent court.

Grounds for Void Marriages under Section 11

Section 11 refers to violations of clauses (i), (iv), and (v) of Section 5 of the Act as grounds for declaring a marriage void. These are:

1. Clause (i): Bigamy — Neither party should have a living spouse at the time of marriage.
2. Clause (iv): Prohibited Degree of Relationship — The parties must not be within certain degrees of prohibited relationship, unless allowed by custom.
3. Clause (v): Sapinda Relationship — The parties must not be sapindas of each other, unless allowed by custom.

Bigamy (Clause (i))

The first condition mandates that at the time of marriage, neither party should have a living spouse. If a party is already married and enters into another marriage without legally dissolving the earlier marriage, the second marriage is considered void due to bigamy.

Illustration:

Suppose A is lawfully married to B. Without obtaining a divorce or annulment, A marries C. This second marriage between A and C is void under Section 11 as it violates Clause (i).

Judicial Interpretation on Bigamy

• In the landmark case of Lily Thomas v. Union of India (2000), the Supreme Court held that a Hindu who converts to another religion merely to contract a second marriage without any real intent to practise that religion cannot escape the bigamy law. Such a second marriage is void ab initio and violates the fundamental right to life and personal liberty (Article 21 of the Constitution).
• Similarly, in Smt. Yamunabai v. Anant Rao (1988), it was ruled that the wife from a void marriage (second wife) cannot claim maintenance under Section 125 of the Code of Criminal Procedure, as the marriage itself is invalid.

Prohibited Degree of Relationship (Clause (iv))

The second ground involves marriage between persons related within prohibited degrees of relationship. The law defines certain blood relationships within which marriage is not allowed. Section 3(g) of the Hindu Marriage Act specifies these prohibited degrees and includes:

• Lineal ascendants and descendants (e.g., father and daughter, grandfather and granddaughter).
• Siblings (full, half, or adoptive).
• Uncle and niece, aunt and nephew.
• Relationships through marriage, such as a person and the spouse of their lineal ascendant or descendant.

These relationships are declared void under Clause (iv) of Section 5 unless there is a custom or usage in the community that permits such a marriage.

Illustration:

If A marries B, who is A’s niece (within the prohibited degrees), the marriage is void unless custom permits.

Custom Exception

The Act recognises the validity of customary practices. Where a custom or usage governing both parties allows marriage within prohibited degrees, such marriage may not be void. Courts scrutinise such claims carefully, requiring clear evidence of longstanding and uniform custom.

Sapinda Relationship (Clause (v))

Sapinda relationships relate to common ancestry and ritual kinship. According to Section 3(f) of the Hindu Marriage Act, 1955:

• Sapinda relationship is traced up to the third generation through the mother and up to the fifth generation through the father, counting the person concerned as the first generation.
• Two persons are sapindas of each other if they share a common ancestor within these generational limits.

A marriage between sapindas is void under Clause (v) of Section 5, unless a custom or usage permits it.

Illustration:

If A and B share a common grandfather within the specified sapinda limits, their marriage is void, unless custom validates it.

Penalty for Marrying Within Prohibited or Sapinda Degrees

Section 18(b) of the Hindu Marriage Act imposes penal consequences for contracting marriages within prohibited or sapinda degrees:

• Simple imprisonment for a term which may extend to one month, or
• Fine up to ₹1,000, or both.

What is the Effect of Void Marriages?

Void marriages have profound legal consequences, which differ from voidable marriages:

• No Spousal Status: The parties to a void marriage do not acquire the status of husband and wife legally. Consequently, they have no marital rights or obligations.
• Legitimacy of Children: Despite the marriage being void, children born out of such marriage are considered legitimate under Section 16 of the Hindu Marriage Act. They have rights to inheritance and social recognition.
• No Mutual Rights or Obligations: The spouses cannot claim maintenance, alimony, succession rights, or any other privileges that arise from a valid marriage.
• Inheritance in HUF: In Revanasiddappa v. Mallikarjun (2023), the Supreme Court clarified that children born from void or voidable marriages have the right to inherit property in a Hindu Undivided Family (HUF) but are not coparceners by birth under Mitakshara law unless otherwise admitted.

Distinction from Voidable Marriages

While void marriages are invalid from the start, voidable marriages (Section 12 of Hindu Marriage Act) are valid until annulled by a competent court on grounds such as:

• Unsoundness of mind,
• Consent obtained by fraud or force,
• Pregnancy by someone other than the husband,
• Venereal disease at the time of marriage.

Voidable marriages do not include grounds like bigamy or prohibited degrees.

What is the Procedure to Declare a Marriage Void?

To declare a marriage void under Section 11, one of the parties may file a petition in a competent civil court or family court.

The petitioner must establish:

• The existence of the marriage,
• Breach of the relevant clause(s) of Section 5 (bigamy, prohibited degree, or sapinda relationship), and
• Support the claim with evidence such as marriage certificates, genealogical records, witness testimonies, and community customs.

The court, after due examination and hearing, may grant a decree of nullity declaring the marriage void.

Conclusion

Void marriages under Section 11 of the Hindu Marriage Act, 1955, form an essential legal safeguard against unlawful matrimonial alliances. Marriages that contravene the critical conditions of Section 5 — such as bigamy, prohibited relationships, and sapinda connections — are declared void from the outset, with no legal recognition.

While the parties lose the legal status of husband and wife, the Act ensures that children born of such unions remain legitimate and protected under the law.