Hindu Marriage Act Section 11 — Void marriages

Summary

A marriage that takes place after this Act came into force is considered invalid from the start if it goes against any of the conditions listed in clauses (i), (iv), or (v) of section 5. Either spouse can ask the court for a decree of nullity, which is a formal declaration that the marriage is void.

Official 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 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.

Sections referred to

• Hindu Marriage Act §5 — Conditions for a Hindu marriage

Referred to by

• Hindu Marriage Act §16 — Legitimacy of children of void and voidable marriages
• Hindu Marriage Act §20 — Contents and verification of petitions
• Hindu Marriage Act §23 — Decree in proceedings

Related Judgments

• LILY THOMAS, ETC. ETC vs UNION OF INDIA AND ORS — Supreme Court of India (2000)
• SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS. vs UNION OF INDIA AND ORS — Supreme Court of India (1995)
• SUKHDEV SINGH vs SUKHBIR KAUR — Supreme Court of India (2025)
• SMT. PARAYANKANDIYAL ERA VATH KANAPRAVAN KALLIANI AMMA AND ORS. vs K. DEVI AND ORS — Supreme Court of India (1996)
• CHAND PATEL vs BISMILLAH BEGUM AND ANR — Supreme Court of India (2008)