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Void Marriages

Section 11 of Hindu Marriage Act

Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 1[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.

Section 5 of HMA: Conditions for Hindu Marriage

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
  • 1 neither party has a spouse living at the time of the marriage;
  • 2. at the time of the marriage, neither party:-
    • (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
    • (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children;
    • (c) has been subject to recurrent attacks of insanity
  • 3. the bridegroom has completed the age of 21 years and the bride, the age of 18 years at the time of the marriage;
  • 4. the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  • 5. the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

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