Section 11 HMA: Void marriages
Hindu Marriage Act, 1955
Section 11 HMA at a Glance
Section 11 HMA makes any marriage solemnised after the Act's commencement null and void if it contravenes Section 5(i), Section 5(iv), or Section 5(v) HMA. Either party may petition against the other party for a decree of nullity.
Section 11 HMA Bare Act Text
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.
Amendments to this section
- Ins. by s. 5, ibid. (w.e.f. 27-5-1976).
Section 11 HMA in Simple Words
Section 11 HMA states when a marriage is null and void, meaning invalid in law, and provides for a court declaration of nullity. Under Section 11 HMA, any marriage solemnised after the commencement of the Hindu Marriage Act, 1955 is null and void if the marriage contravenes any one of the conditions specified in clause (i), clause (iv), or clause (v) of Section 5 HMA.
The three conditions incorporated from Section 5 HMA are: first, under Section 5(i) HMA, neither party has a spouse living at the time of the marriage; second, under Section 5(iv) HMA, the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of the parties permits a marriage between the two; and third, under Section 5(v) HMA, the parties are not sapindas of each other, unless the custom or usage governing each of the parties permits a marriage between the two.
Under Section 11 HMA, either party to such a marriage may present a petition against the other party, and on that petition the court may declare the marriage null and void by a decree of nullity. Section 11 HMA applies only to marriages solemnised after the commencement of the Hindu Marriage Act, 1955, and covers only clauses (i), (iv), and (v) of Section 5 HMA. Section 11 HMA does not cover clause (ii) of Section 5 HMA (mental incapacity or disorder, addressed under voidable marriages in Section 12 HMA) or clause (iii) of Section 5 HMA (minimum age of 21 years for the bridegroom and 18 years for the bride).
When Section 11 HMA Applies
- A marriage solemnised after the commencement of the Hindu Marriage Act, 1955.
- Contravention of at least one condition in Section 5(i) HMA (a party had a living spouse at the time of the marriage), Section 5(iv) HMA (prohibited relationship without a permitting custom or usage governing each party), or Section 5(v) HMA (sapinda relationship without a permitting custom or usage governing each party).
- For a court declaration by a decree of nullity, a petition presented by either party to the marriage against the other party.
Example of Section 11 HMA
When Section 11 HMA Does Not Apply
- A marriage between parties within the degrees of prohibited relationship or who are sapindas of each other is not void under Section 11 HMA if the custom or usage governing each of the parties permits a marriage between the two (Section 5(iv) and Section 5(v) HMA).
- Section 11 HMA applies only to a marriage solemnised after the commencement of the Hindu Marriage Act, 1955, and does not cover a marriage solemnised before the Act's commencement.
- Contravention of Section 5(ii) HMA (mental incapacity, mental disorder, or recurrent attacks of insanity) or Section 5(iii) HMA (minimum age of 21 years for the bridegroom and 18 years for the bride) does not fall under Section 11 HMA, which specifies only clauses (i), (iv), and (v) of Section 5 HMA.
- A petition for a decree of nullity under Section 11 HMA may be presented only by either party to the marriage against the other party.
FAQs on Section 11 HMA
What is Section 11 HMA?▼
Section 11 HMA declares that any marriage solemnised after the commencement of the Hindu Marriage Act, 1955 is null and void if the marriage contravenes clause (i), clause (iv), or clause (v) of Section 5 HMA. Either party to the marriage may present a petition against the other party for a court decree of nullity declaring the marriage void.
Which conditions of Section 5 HMA make a marriage void under Section 11 HMA?▼
Clauses (i), (iv), and (v) of Section 5 HMA. Under those clauses, a post-commencement marriage is void if either party has a living spouse at the time of the marriage, or if the parties are within the degrees of prohibited relationship or are sapindas of each other without a custom or usage governing each party that permits the marriage.
Does custom or usage save a marriage within a prohibited or sapinda relationship under Section 11 HMA?▼
Yes. Under Section 5(iv) and Section 5(v) HMA, a marriage between parties within the degrees of prohibited relationship or who are sapindas of each other is valid where the custom or usage governing each of the parties permits a marriage between the two.
Does a marriage below the age of 21 years or 18 years become void under Section 11 HMA?▼
No. The age condition of 21 years for the bridegroom and 18 years for the bride is in Section 5(iii) HMA, whereas Section 11 HMA covers only contraventions of clauses (i), (iv), and (v) of Section 5 HMA.
Who can present a petition for a decree of nullity under Section 11 HMA?▼
Either party to the marriage. Section 11 HMA states that the marriage may be declared null and void by a decree of nullity on a petition presented by either party to the marriage against the other party.
Does Section 11 HMA apply to marriages solemnised before the Hindu Marriage Act, 1955 came into force?▼
No. Unlike Section 10 HMA and Section 12 HMA, Section 11 HMA applies only to marriages solemnised after the commencement of the Hindu Marriage Act, 1955.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·