When A Marriage is Void:- Sec.11

11. VOID MARRIAGES.—

Any marriage solemnized 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.

MEANING OF VOID MARRIAGE: -

A void marriage is no-marriage It is a marriage which does not exist from its beginning. It has no legal implications of a marital relation between two persons. No legal consequences flow from a void marriage.

It is called a marriage because two persons have undergone the ceremonies of marriage. Since they absolutely lack requirements of entering into a marriage, they cannot, by just undergoing ceremonies, become husband and wife. It can neither be approbated nor reprobated nor can it be ratified.

A marriage confers a status of husband and wife on parties; it confers a status of legitimacy on the children of the marriage and it gives rise to certain rights and obligations against each other as well as against third persons. But a void marriage does not give rise to mutual rights and obligations. A void marriage does not confer legitimacy (subject to sec.16) on the children born out of void marriage.

In the case of a void marriage, parties have no status of husband and wife. Thus, if one of them or both of them take another spouse, the offence of bigamy will not be committed.

In respect of a void marriage, no decree of court is necessary. Even when the court passes a decree (sometimes people file an action for such a declaration, as they want to be certain about their legal position), it merely declares that marriage is null and void.

It is not the decree of the court which renders such a marriage void. It is an existing fact that marriage is void and the court merely makes a judicial declaration of that fact. However, a petition for nullity under Section 11 of the Hindu Marriage Act, 1955, can only be made by either party to the marriage.

GROUNDS OF VOID MARRIAGE.

Under Section 11, Hindu Marriage Act, a marriage is void on any one of the following three grounds:

These grounds apply to marriage, solemnized after the commencement of the Act, i.e., after May 18, 1955; to the pre-Act marriages, the old Hindu law of nullity applies.

1. BIGAMY: -

a marriage is void if, at the time of the marriage, either party has a spouse living. In other words, a bigamous marriage is void. Where husband had married again without obtaining decree of divorce, such marriage would be void. Such a marriage will be void only if the first marriage is valid. If the first marriage is void, the second marriage will be valid.

2. MARRIAGE BETWEEN SAPINDAS: -

if parties are sapindas to each other, their marriage is void ab initio.

3. MARRIAGE BETWEEN PERSONS FALLING UNDER PROHIBITED RELATIONSHIPS: -

if parties are within the prohibited degrees of relationship, their marriage is laso void from its inception.

4. Essential ceremonies of marriage are not performed. Ceremonies of section 7 are essentially to be performed to give the status of valid marriage. (it is not mentioned in sec.7)

On any one of these grounds either party can present a petition for a declaration that the marriage is null and void.