Synopsis
- Bare Act: The exact text of Section 11 of the Hindu Marriage Act, 1955.
- Introduction: Brief overview of void marriages and legal relevance.
- Meaning/Definition/Explanation: Definition of void marriages under Section 11 of the Hindu Marriage Act, 1955 with reference to Section 5.
- Interpretation: Judicial and legislative understanding of void marriages.
- Types/Classifications: Types of marriages that are void under Section 11 of the Hindu Marriage Act, 1955.
- Case Laws: Landmark judgments explaining Section 11 of the Hindu Marriage Act, 1955.
- Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
- Questions to Think About: Reflective questions for deeper understanding.
Bare Act
11. Void marriages.— 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.
Introduction
Section 11 of the Hindu Marriage Act, 1955, deals with void marriages—marriages that are legally invalid from the very beginning. Unlike voidable marriages, which are valid until annulled, void marriages are never recognized by law. This section is very important because it protects individuals from unlawful and improper marriages. It also gives legal clarity — such marriages can be declared null and void through a proper court process.
Meaning / Definition / Explanation
So, what does Section 11 mean? In simple words, a marriage is void (meaning it’s invalid from the beginning) if it violates specific conditions listed in Section 5 of the Hindu Marriage Act. These conditions are:
- Clause (i): Neither party has a spouse living at the time of marriage (no bigamy).
- Clause (iv): The bride and groom are not within the “degrees of prohibited relationship” (like siblings or close cousins), unless custom allows it.
- Clause (v): The bride and groom are not “sapindas” (close relatives by blood or marriage), unless custom permits.
If any of these rules are broken, the marriage is null and void. Either the husband or wife can go to court and ask for a decree of nullity, which is a legal declaration that the marriage never existed.
Interpretation
Indian courts have interpreted Section 11 in a practical and fair manner to ensure that marriages follow the basic legal and social norms laid down by law. For example, if someone marries again while their first spouse is still alive (bigamy), the second marriage is automatically void. No one has to prove anything extra—it’s invalid from day one.
Judges have also said that void marriages don’t give couples any legal rights, like inheritance or maintenance, unless specific laws (like Section 16 for children) come into play. The legislative intent behind Section 11 is to maintain the sanctity of marriage and prevent practices that go against public policy, like marrying close relatives without customary approval.
In cases like Yamunabai v. Anantrao (1988), the Supreme Court made it clear that a void marriage is a non-starter—it’s like it never happened. This protects people from being stuck in illegal or unfair situations.
Types / Classifications
There are no different “types” of void marriages under the Act, but we can understand void marriages through the three violating conditions of Section 5:
- Bigamous Marriages (Section 5(i))
When someone marries again while their first spouse is still alive and the first marriage is valid. For example, if “A” is already married to “B” and marries “C” without divorcing “B”, his marriage to “C” is void. - Marriages within Prohibited Relationships (Section 5(iv))
Marriages between close relatives, like siblings, first cousins, or a man and his niece, are void unless the community’s customs allow it. For instance, in some South Indian communities, marrying a cousin is permitted by custom. - Sapinda Marriages (Section 5(v))
Sapinda refers to close blood relatives. Marrying a sapinda is void unless custom allows it. For example, marrying a close cousin without customary approval makes the marriage invalid.
Case Law
Here are some important cases that explain Section 11:
- Yamunabai v. Anantrao (AIR 1988 SC 645)
The Supreme Court ruled that a second marriage during the lifetime of the first spouse is void under Section 11. The wife from the second marriage had no legal rights as a wife, like maintenance under Section 125 of CrPC. - Lila Gupta v. Laxmi Narain (AIR 1978 SC 1351)
This case clarified that a void marriage under Section 11 doesn’t need a court decree to be invalid—it’s automatically void. However, a decree of nullity can be sought for legal clarity. - Surjit Kaur v. Garja Singh (1994)
The court held that a marriage within the prohibited degree of relationship was void unless proven to be allowed by custom. The burden of proving the custom lies on the person claiming it.
These cases show how courts apply Section 11 to real-life situations, ensuring fairness and clarity.
Multiple Choice Questions (for All India Bar Exam Preparation)
- Under Section 11 of the Hindu Marriage Act, a marriage is void if it contravenes:
a) Section 5(ii)
b) Section 5(iii)
c) Section 5(iv)
d) Section 5(vi)
Answer: c) Section 5(iv)
Explanation: Section 11 refers to clauses (i), (iv), and (v) of Section 5. - A marriage between sapindas is void unless:
a) It is approved by the court
b) It is allowed by custom
c) Both parties consent
d) It is registered
Answer: b) It is allowed by custom
Explanation: Section 5(v) allows sapinda marriages if permitted by custom. - A decree of nullity under Section 11 can be sought by:
a) Any family member
b) Either party to the marriage
c) The court on its own
d) The government
Answer: b) Either party to the marriage
Explanation: Section 11 allows either spouse to file for a decree of nullity. - In which case did the Supreme Court rule that a void marriage is invalid from the start?
a) Yamunabai v. Anantrao
b) Sarla Mudgal v. Union of India
c) Naveen Kohli v. Neelu Kohli
d) Sham Lal v. Raj Kumari
Answer: a) Yamunabai v. Anantrao
Explanation: This case clarified the void nature of bigamous marriages. - A marriage is void under Section 11 of the Hindu Marriage Act if:
a) One party is minor
b) Marriage is not registered
c) One party is already married
d) Both parties are working professionals
Answer: c) One party is already married - Which clauses of Section 5 are relevant for Section 11 (Void marriages)?
a) Clause (ii), (iii), (vi)
b) Clause (i), (iv), (v)
c) Clause (i), (ii), (iii)
d) Clause (iv), (v), (vi)
Answer: b) Clause (i), (iv), (v) - Which of the following is a valid reason to declare a marriage void?
a) Marriage between adults with parental consent
b) Marriage without a priest or Pandit
c) Marriage between sapindas
d) Marriage in a temple without guests
Answer: c) Marriage between sapindas - In which case was it held that the second wife is not entitled to maintenance under a void marriage?
a) Githa Hariharan v. RBI
b) Lila Gupta v. Laxmi Narain
c) Yamunabai Adhav v. Anantrao Adhav
d) Vishaka v. State of Rajasthan
Answer: c) Yamunabai Adhav v. Anantrao Adhav
Questions to Think About
- Do you think it is fair to treat a marriage as completely void even if the couple lived together for years?
- Should the law allow maintenance to a second wife from a void marriage if she was unaware of the first marriage?
- How can customs play a role in deciding if a marriage is valid or void?
- What role do customs play in exceptions to prohibited relationships and sapinda marriages?
- What challenges might someone face when proving a marriage is void in court?
- Should children born from void marriages have the same rights as those from valid marriages? Why or why not?