Hindu Marriage Act Section 11: Void Marriages
Section 11 of the Hindu Marriage Act, 1955 deals with marriages that are declared void due to violation of specific conditions outlined in Section 5.
Code:
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 2[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.
Explanation:
This section states that any marriage performed after the Hindu Marriage Act came into effect (1955) will be considered void if it violates any of the following conditions specified in Section 5:
- Clause (i): Parties are within prohibited degrees of relationship (e.g., incest).
- Clause (iv): Either party already has a spouse living.
- Clause (v): Parties are not of sound mind at the time of marriage.
A petition for a decree of nullity can be filed by either party against the other to declare the marriage void.
Illustration:
If two individuals, who are first cousins, get married after the commencement of the Hindu Marriage Act, their marriage would be considered void under Section 11, as it contravenes Clause (i) of Section 5 regarding prohibited degrees of relationship.
Common Questions and Answers:
Q: Can a void marriage be legally recognized?
A: No, a void marriage is not legally recognized and is considered void from the beginning. It is not considered a valid marriage in the eyes of the law.
Q: What are the consequences of a marriage declared void?
A: The consequences of a void marriage are similar to those of a marriage declared nullity under Section 12. It is treated as if the marriage never took place. Any children born out of the void marriage are considered legitimate, and the parties can seek relief regarding property, maintenance, etc., based on applicable laws.
