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LawpatraLawpatra
HMA, 1955
Start Practicing
HMAChapter IVSection 11
Section11

Void marriages

AI Assist

Summary

A marriage that breaks any one of the Act's specified basic conditions is legally void. Either spouse can file a petition in court asking that the marriage be declared null and void. If the court grants the petition it will pass a decree of nullity and treat the marriage as never valid.

Example

Priya marries Rohan and later discovers Rohan was already married. Priya can file a petition and the court may decree their marriage null and void, treating it as never valid.

Bare Act

Enacted text

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.

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IV

Chapter IV

Nullity of Marriage and Divorce

In this chapter

  • 11Void marriages
  • 12Voidable marriages
  • 13Divorce
  • 13AAlternate relief in divorce proceedings
  • 13BDivorce by mutual consent
  • 14No petition for divorce to be presented within one year of marriage
  • 15Divorced persons when may marry again
  • 16Legitimacy of children of void and voidable marriages
  • 17Punishment of bigamy
  • 18Punishment for contravention of certain other conditions for a Hindu marriage
Previous · Section 10Judicial separationNext · Section 12Voidable marriages