Void and Voidable Marriages in Hindu Law


Void and Voidable Marriages

Void and voidable marriages are critical legal concepts in Hindu law, distinguishing between marriages that are unlawful from the outset and those that can be annulled based on certain conditions. Understanding these concepts is essential for grasping the legal framework governing marriages, their dissolution, and the rights and obligations arising thereof.

Void and Voidable Marriages

What is Void Marriage?

A void marriage is a marriage that has no legal validity from the moment it is performed. This means that, in the eyes of the law, the marriage is considered to have never taken place and does not confer any rights, duties, or obligations on the parties involved. Unlike voidable marriages, which are valid until annulled by a court, void marriages are inherently null and void without the need for any legal action to declare them so.

Under the Hindu Marriage Act, 1955, Section 11 provides a specific legal definition and framework for void marriages. This section outlines specific circumstances under which a marriage is considered null and void from the outset, meaning it has no legal validity from the moment it is conducted. Unlike voidable marriages, which are valid until annulled by a court, void marriages are deemed to have never legally existed. The grounds for a marriage being considered void are explicitly defined and reflect the intent to uphold the sanctity of marriage and ensure the well-being of parties involved.

Void marriages are treated as if they never happened, and because they have no legal standing, they do not need to be formally annulled to terminate the marital relationship. This distinguishes them from voidable marriages, which are considered legally valid until and unless annulled by a court decision based on the application by one of the parties to the marriage.

The Act specifies certain grounds under which a marriage is automatically null and void, and these include:

Bigamy: If either party has a living spouse at the time of the marriage, making the subsequent marriage invalid. This is in line with the Act's enforcement of monogamy for Hindus.

Prohibited Degrees of Relationship: If the parties are within the degrees of prohibited relationship unless their custom or usage permits such a marriage. The degrees of prohibited relationship are defined within the Act and generally include direct blood relatives and certain categories of kinship where marriage is traditionally seen as inappropriate.

Sapinda Relationship: If the parties are sapindas of each other beyond the limit prescribed, making their marriage invalid. The concept of sapinda relationship relates to a certain degree of blood relation, typically up to the third generation on the mother's side and fifth on the father's side, although this can vary based on regional customs and traditions.

Conversion to Islam: In the case of Sarla Mudgal v. Union of India, 1995 SCC (Cri) 569, it was determined that a second marriage entered into by a Hindu husband after converting to Islam is deemed invalid under Section 494 of the Indian Penal Code.

The declaration of a marriage as void under Section 11 can be sought from a family court, which can legally ascertain the marriage's nullity. Unlike voidable marriages that require a petition to be annulled, void marriages are considered legally non-existent from the start, and thus, do not confer any marital rights or obligations on the parties involved.

It's important to note that for a marriage to be declared void on any of these grounds, an affected party must obtain a declaration from the court. Obtaining such a declaration can provide legal clarity and help in resolving issues related to marital status, inheritance rights, and the legitimacy of children.

Consequences of a Void Marriage

The consequences of a void marriage under Hindu law, as governed by the Hindu Marriage Act, 1955, have significant legal implications. Since a void marriage is considered to have no legal validity from its inception, it leads to several consequences:

No Legal Status: A void marriage is deemed never to have existed legally. Therefore, the parties involved are not considered husband and wife under the law, despite having undergone marriage ceremonies.

No Conjugal Rights: Since the marriage is not recognized legally, neither party has any marital rights over the other. This means there are no obligations related to cohabitation, maintenance, or support that typically arise from a valid marriage.

Legitimacy of Children: Despite the marriage being void, the Hindu Marriage Act provides protection for the rights of children born from such unions. Under Section 16 of the Act, children born out of void marriages are considered legitimate for the purpose of inheritance to the property of their parents. However, they do not have rights to inherit the property of any other relatives.

Property and Inheritance: Since there is no legal marriage, parties do not have rights over each other's property that would typically arise from a marriage. However, any property or assets acquired or held jointly may be subject to partition or distribution based on the contributions of the parties or other civil laws applicable to property disputes.

Remarriage Rights: Parties in a void marriage are free to marry another person, as their status remains unmarried in the eyes of the law. They do not require a decree of annulment or divorce to enter into a new marriage.

No Need for Legal Annulment: Since the marriage is already considered legally non-existent, there is no need for the parties to obtain a decree of nullity from a court. However, obtaining such a declaration can help clarify the legal status of the parties, especially for the purpose of remarriage or for legal documentation.

Social and Psychological Impact: Beyond the legal implications, parties to a void marriage may also face social stigma, emotional distress, and psychological consequences due to the invalidation of their marital relationship.

It's important for individuals in such situations to consult with legal professionals to understand their rights and obligations fully and to address any legal formalities that may be required for clarifying their status or for the resolution of property and custody issues.

What is Voidable Marriage?

Voidable marriages, as defined under Hindu Law, specifically within the Hindu Marriage Act, 1955, are those marriages that are valid and legally binding until they are annulled by a competent court. Unlike void marriages that are invalid from the beginning and have no legal effects, voidable marriages hold legal status and confer upon the parties all the rights and obligations of marriage until they are judicially declared void.

Once a voidable marriage is annulled by the court, it is deemed to have been void from the time the decree of nullity is issued. However, until such a decree is made, the marriage is presumed to be valid and subsisting. This legal provision ensures the protection of rights and interests of the parties involved, especially in situations where the validity of the marriage is contested.

Necessary conditions to be fulfilled by a petition under Section 12 for nullity of a Voidable Marriage:

  • On the plea of fraud or application of force on marriage, a petition can be filed before the court within one year of discovery of such fraud or application of force.
  • The allegation based upon which the petition is filed was beyond the knowledge of the petitioner at the time of solemnization of marriage.
  • The petition on such an allegation must be presented in the court within one year of knowledge of such facts.
  • No sexual relationship is established after knowing about alleged facts.

The grounds where marriage can be termed as voidable

Under the Hindu Marriage Act, 1955, a marriage is considered voidable and can be annulled on specific grounds. These grounds give the aggrieved party the right to file a petition for annulment of the marriage in a competent court. The grounds for a marriage to be termed as voidable include:

Non-consummation due to impotency: If either spouse is incapable of consummating the marriage due to impotence, the marriage can be annulled. However, the impotency must be persistent and incurable.

Involuntary consent due to force or fraud: If the consent of either party was obtained by force or by fraudulent means concerning some material fact, the marriage is voidable. This includes situations where consent was obtained under duress or by misleading the other party on significant issues.

Mental Disorder: If at the time of the marriage, either spouse was mentally unfit to understand the implications of marriage or to procreate children, the marriage can be annulled. This ground is based on the inability of the spouse to fulfill the essential marital obligations due to mental disorder or insanity.

Pre-marriage pregnancy by another person: If the wife was pregnant by someone other than her husband at the time of the marriage, and the husband was unaware of this fact, the marriage is considered voidable. The husband must file for annulment within a specific time frame after discovering the pregnancy.

Consent obtained by force or fraud: If the consent for marriage was obtained by force or by fraudulent means, the marriage could be annulled. This specifically refers to situations where the consent was not given freely and voluntarily.

Age of Consent: If either party was below the legal age of marriage (18 years for females and 21 years for males) at the time of marriage, the marriage is voidable. However, a petition for annulment on this ground must be filed within two years of reaching the legal marriageable age.

It is important to note that the burden of proof lies with the petitioner seeking the annulment to establish that one of the grounds for a voidable marriage exists. The legal process involves filing a petition in the family court, and the court must be satisfied that the grounds for annulment are met before issuing a decree of annulment. Once annulled, the marriage is considered null and void from the date of the decree. However, the legitimacy of children born out of voidable marriages is protected under the law.

Characteristics of Voidable Marriages:

Valid Until Annulled: A voidable marriage is legally binding and has all the effects of a valid marriage until it is annulled by a court order. This means that the marriage is recognized by law, and the couple are considered legally married with all associated rights and obligations, such as cohabitation, maintenance, and inheritance rights, until the court decrees otherwise.

Requires Judicial Intervention: For a marriage to be declared voidable and subsequently annulled, one of the parties to the marriage must file a petition in a competent court. The court must then be satisfied that the grounds for making the marriage voidable, as specified in the Act, have been met.

Specific Grounds: The Hindu Marriage Act specifies certain conditions under which a marriage can be considered voidable. These include, but are not limited to, impotency, non-disclosure of mental illness, consent obtained by force or fraud, and pre-marriage pregnancy by someone other than the husband. Each of these conditions provides a specific ground on which a party may seek to annul the marriage.

Option for Annulment: It is crucial to note that in cases of voidable marriages, seeking an annulment is an option available to the aggrieved party. They may choose to file for annulment or continue with the marriage. The choice to seek annulment rests with the party alleging the ground(s) that make the marriage voidable.

Effects on Children: Similar to void marriages, the Hindu Marriage Act protects the legitimacy of children born out of voidable marriages. Children born before a decree of annulment are considered legitimate, and they have rights to inherit the property of their parents.

Children of Void and Voidable Marriages

The status and legitimacy of children born from void and voidable marriages are of significant concern in family law, particularly under the Hindu Marriage Act, 1955, in India. The Act provides specific provisions to protect the interests and rights of such children. Understanding the distinctions between void and voidable marriages is crucial in this context.

Children of Void Marriages:

A void marriage is one that has no legal validity from its inception and is considered as never having taken place. Under the Hindu Marriage Act, examples of void marriages include those that violate the conditions of valid marriage specified in Section 5, such as incestuous relationships or bigamy.

Section 16(1) of the Hindu Marriage Act, 1955, explicitly states that notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate. This provision ensures that the children born from such unions are not penalized for the actions of their parents and are granted legitimacy.

Section 16(3) further clarifies the rights of these children by stating that they are entitled to inherit the property of their parents. However, it's important to note that this inheritance right is specifically limited to the property of the parents and does not extend to the ancestral property or the property of other relatives.

This provision is designed to ensure that children from void marriages have a legal claim to their parents' assets, thereby providing them with financial security and stability despite the invalidity of their parents' marital union.

Children of Voidable Marriages:

A voidable marriage is considered valid until it is annulled by a court decree. These marriages have legal validity unless challenged in court on specific grounds provided under Section 12, such as non-consummation due to impotency, consent obtained by force or fraud, etc.

Section 16 of the Hindu Marriage Act, 1955, which primarily deals with the legitimacy of children, applies to children born from both void and voidable marriages. According to Section 16(1), children born from voidable marriages are considered legitimate, even if the marriage is later annulled. This provision ensures that the legal status of such children remains unaffected by the annulment of the marriage.

Just like children from void marriages, children from voidable marriages also have rights to inherit the property of their parents under Section 16(3) of the Act. This inheritance right, however, is limited to the properties of their parents and does not extend to ancestral property or the property of other relatives. The intention here is to ensure that these children are not economically disadvantaged due to the annulment of their parents’ marriage.

While Section 16 addresses the legitimacy and inheritance rights of children, matters related to custody, maintenance, and education are determined based on the best interests of the child. Family courts are vested with the authority to make such decisions, ensuring that the welfare of the child is the paramount consideration.

Key Provisions for Children from Such Marriages:

  • As per Section 16, children born from either void or voidable marriages are deemed legitimate. This legitimacy is crucial for inheritance rights and the social status of the child.
  • The children are entitled to inherit the property of their parents and other relatives as if the marriage between the parents was valid. However, they may not have rights to inherit the property of their relatives other than their parents, which is a nuanced limitation under the law.
  • The provision to protect the rights of children born from such marriages underscores the law’s intention to safeguard the interests of innocent parties affected by the status of the marriage.

Children born from voidable marriages are accorded protection under the Hindu Marriage Act, 1955, ensuring their legitimacy and inheritance rights are upheld even if the marriage is later annulled. This legislative framework underscores the commitment to safeguarding the rights and welfare of children, ensuring they are not unfairly impacted by the complexities and challenges arising from the legal status of their parents' marriage.

Judgments on Void and Voidable Marriages

In Indian law, cases related to void and voidable marriages have been instrumental in shaping the interpretation and application of the Hindu Marriage Act, 1955. These cases help elucidate the distinctions between void and voidable marriages and their implications, particularly concerning legitimacy, inheritance, and the rights of the parties involved. Here are some landmark cases that have addressed these issues:

1. Lila Gupta vs. Laxmi Narain & Ors (1978)

In this case, the Supreme Court dealt with the issue of bigamy and the legitimacy of children from such marriages. It was held that a second marriage, while the first is still valid, would be considered void. However, Section 16 of the Hindu Marriage Act ensures that children from such void marriages are legitimate, emphasizing the protection of children's rights despite the invalidity of the marriage.

2. Neelamma vs. Sarojamma & Ors (2006)

The Supreme Court, in this case, discussed the rights of children born out of void marriages, particularly in relation to inheritance. It reaffirmed that children born from void marriages are legitimate for the purpose of inheritance of the property of their parents, though their rights do not extend to ancestral property.

3. S.P.S. Balasubramanyam vs. Suruttayan @ Andali Padayachi & Ors (1992)

This case dealt with the presumption of marriage and the legitimacy of children. The Supreme Court highlighted that if a man and woman live together as husband and wife for a long term, the law will presume that they were legally married unless proven otherwise. This case indirectly touches on the issues related to void and voidable marriages by addressing societal perception and legal presumption.

4. Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav & Anr (1988)

In this case, the Supreme Court dealt with the rights of a woman in a void marriage. It was held that a woman in a void marriage is not entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, emphasizing the legal non-recognition of such unions.

5. Rameshchandra Daga vs. Rameshwari Daga (2005)

This case further clarified the legal position regarding maintenance and the status of a second wife in a void marriage due to the existence of the first marriage. The court observed that a woman married in a void marriage is entitled to maintenance under certain circumstances, considering the spirit of social welfare in the law.

These cases demonstrate the nuanced approach of Indian courts in dealing with issues arising from void and voidable marriages. They balance the legal principles governing marriage with considerations of social justice, individual rights, and the welfare of children born from such unions.

Sarla Mudgal v. Union of India

"Sarla Mudgal v. Union of India" is a landmark judgment of the Supreme Court of India, delivered on May 10, 1995. The case addressed the conflict between personal laws governing marriage in India, particularly focusing on the issue of bigamy and the conversion to Islam for the purpose of remarrying without divorcing the first wife. This case is significant for its discussion on the uniform civil code and the protection of the rights of women within matrimonial relationships.

Case Details

Citation: 1995 AIR 1531, 1995 SCC (3) 635

Bench: Justice Kuldip Singh and Justice R.M. Sahai


The case consolidated four petitions filed by women who were the first wives of their respective husbands. These women challenged the validity of their husbands' second marriages, which were conducted after converting to Islam from Hinduism. The husbands had embraced Islam solely with the intent to circumvent the provisions of the Hindu Marriage Act, 1955, which prohibits bigamy.

Issues Raised

  • Whether a Hindu husband, married under Hindu law, can solemnize a second marriage by embracing Islam, as Islamic law permits polygamy.
  • Whether such a conversion and subsequent second marriage would be valid under Indian law.
  • Whether the Hindu Marriage Act applies to such an individual who converts from Hinduism to Islam.


The Supreme Court held that a marriage solemnized as a Hindu marriage cannot be terminated by one spouse converting to Islam and marrying again. The first marriage would still be considered valid unless dissolved according to the law. The conversion to Islam and subsequent second marriage, in this case, did not nullify the first Hindu marriage under the Hindu Marriage Act, 1955. Thus, the second marriage of a Hindu husband after converting to Islam was declared invalid in the context of the Hindu Marriage Act, which prohibits bigamy.

The court also emphasized the need for a uniform civil code in India, pointing out the inconsistency and conflict of personal laws existing in the country. It noted that Article 44 of the Indian Constitution provides that the state shall endeavor to secure a uniform civil code for the citizens throughout the territory of India, highlighting the importance of equality of rights irrespective of religion.


"Sarla Mudgal v. Union of India" is a seminal case in Indian matrimonial law, highlighting the conflict between personal laws and the need for a uniform civil code. The judgment underscored the protection of women's rights within marriage and the need for legal consistency across religions, advocating for gender justice and equality. This case often comes up in discussions on the reform of personal laws and the implementation of a uniform civil code in India.


The distinction between void and voidable marriages is crucial in Hindu law, as it determines the legal process required to address the issues arising from such marriages. While voidable marriages (covered under Section 12 of the Hindu Marriage Act, 1955) can be annulled at the discretion of one of the parties involved, void marriages are inherently null, offering a clear directive on their legal standing without requiring an annulment.

Section 11 of the Hindu Marriage Act, 1955, underscores the legal framework's attempt to define and regulate marriage meticulously, ensuring that the foundational social institution is protected and respected in accordance with both traditional values and modern legal principles.

In conclusion, the concepts of void and voidable marriages are fundamental in family law, ensuring that individuals' rights are protected while maintaining the sanctity and legal integrity of marital unions. These distinctions help navigate the complex scenarios that arise when marriages deviate from legal and societal norms, providing a framework for resolution and protection for all parties involved.



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Barristery.in: Void and Voidable Marriages in Hindu Law
Void and Voidable Marriages in Hindu Law
Void and voidable marriages are critical legal concepts in Hindu law, distinguishing between marriages that are unlawful from the outset and those tha
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