Void Marriages Under Section 11 of the Hindu Marriage Act, 1955
Section 11 specifies when a Hindu marriage is void from its inception and provides for a court decree declaring its nullity. The provision applies to violations of three particular conditions in Section 5, not to every irregularity in a marriage.
Section 11: statutory provision
11. Void marriages. 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.
The words "against the other party" were inserted by the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976), effective 27 May 1976. Read the official Hindu Marriage Act text on India Code.
Three grounds that make a marriage void
1. Section 5(i): living spouse at the time of marriage
Neither party may have a spouse living at the time of the marriage. A second Hindu marriage contracted while an earlier legally valid marriage subsists is void under Section 11. Section 17 separately addresses punishment for bigamy; criminal liability requires proof of the applicable ingredients.
2. Section 5(iv): prohibited degrees of relationship
The parties must not be within the degrees of prohibited relationship, unless a custom or usage governing each of them permits the marriage. The expression is defined in Section 3(g) and covers specified close familial relationships.
3. Section 5(v): sapinda relationship
The parties must not be sapindas of each other unless a custom or usage governing each permits the marriage. Under Section 3(f), the sapinda limit extends to the third generation through the mother and fifth through the father, counting the person concerned as the first generation. The statutory definition also addresses relationships through common lineal ascendants.
Void marriage versus voidable marriage
| Issue | Void marriage - Section 11 | Voidable marriage - Section 12 |
|---|---|---|
| Legal position | Null and void from the beginning | Remains legally effective unless annulled by decree |
| Typical grounds | Existing spouse, prohibited relationship, sapinda relationship | Grounds expressly listed in Section 12, including certain consent-related grounds |
| Court order | Decree declares existing nullity | Decree annuls a voidable marriage |
A breach of the minimum marriage-age condition in Section 5(iii) does not, by itself, fall within Section 11. Child marriages are separately regulated by the Prohibition of Child Marriage Act, 2006, which provides for voidability and makes certain marriages void in specified circumstances.
Who can seek a decree of nullity?
Either party to the marriage may petition against the other party under Section 11. Jurisdiction is governed by Section 19, subject to the Family Courts Act, 1984 where applicable. A petition must state the material facts and satisfy the procedural requirements under Section 20.
Relevant evidence may include earlier marriage records, proof that a former spouse was living, family relationship records, and evidence about any legally recognized custom. The court assesses whether a legally solemnised marriage existed and whether the pleaded Section 5 condition was violated.
Rights of children born from void marriages
Section 16(1) confers legitimacy on children of void marriages within its terms, whether or not a decree of nullity has been granted. Section 16(3) limits property entitlements flowing from that statutory legitimacy to the property of the parents, not other persons.
In Revanasiddappa v. Mallikarjun (Supreme Court, 1 September 2023), the Court explained that such children may claim in their parents' property, including the share that becomes the parent's property on a notional partition of Mitakshara joint family property, but they do not become coparceners by birth merely by virtue of Section 16. Read the official Supreme Court judgment.
Practical legal consequences
A declaration under Section 11 is distinct from divorce under Section 13: divorce ends a valid marriage, whereas nullity declares a marriage void. Questions of interim maintenance, permanent alimony, children and property require separate examination under applicable provisions, including Sections 24 to 27, and relevant judicial decisions. A nullity declaration does not automatically decide all financial or child-related disputes.
Frequently asked questions
Is a court decree necessary for a void marriage?
Section 11 treats a marriage violating its listed conditions as void from inception. A decree is available to formally declare that nullity and can be important for legal records and contested rights.
Does every violation of Section 5 make a marriage void?
No. Section 11 refers specifically to Section 5(i), 5(iv) and 5(v). Other violations have different statutory consequences.
Can children of a void marriage inherit?
Section 16 protects their legitimacy and recognizes rights in their parents' property, subject to the statutory limitation and the Supreme Court's interpretation.
Official legal resources
Updated 21 October 2026. This article provides general legal information; outcomes depend on the facts, applicable custom and current judicial interpretation.