Sections 11 of the Hindu Marriage Act, of 1955, address the concept of void marriages among Hindus.
Void Marriages (Section 11):
A marriage is considered void (null and void from the beginning) if it contravenes certain conditions specified in Section 5 (i),(iv),(v) of the Act:
- Bigamy: If either party has a living spouse at the time of the marriage, the subsequent marriage is void.
- Prohibited Degrees of Relationship: Marriages between parties who fall within the degrees of prohibited relationship are void, unless a custom or usage governing each of them permits such a marriage.
- Sapinda Relationship: Marriages between parties who are “sapindas” (i.e., within certain degrees of blood relationship) are void, unless permitted by custom or usage.
Punishments Of Void Marriage
1. Punishment of bigamy:-
Punishment for bigamy is given in sections 494 and 495 of the Indian Penal Code (45 of 1860) or in Section 82 of Bhartiya Nyay Sanhita(BNS)(45 of 2023).
2. Punishment for Prohibited Degrees and Sapinda Relationship:-
A person who violates this is punished with simple imprisonment which may extend to one month, or with a fine which may extend to one thousand rupees, or with both.
What is Section 5 of Hindu Marriage Act?
Section 5- Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the marriage;
1[(ii) at the time of the marriage, neither party
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 2 ***];
(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4[eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
