Void marriage is a marriage that is considered null and non-existent from its inception because it violates a fundamental condition prescribed by law. Under Indian law, Section 11 of the Hindu Marriage Act, 1955 declares a marriage void if it contravenes the conditions specified in clauses (i), (iv), or (v) of Section 5.
Legal definition
Section 11 of the Hindu Marriage Act, 1955 provides:
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.
The three conditions whose violation renders a marriage void are:
- Section 5(i): Neither party has a spouse living at the time of the marriage — violation constitutes bigamy
- Section 5(iv): The parties are not within the degrees of prohibited relationship, unless custom permits — violation means the parties are related within prohibited degrees
- Section 5(v): The parties are not sapindas of each other, unless custom permits — violation means the parties are within the sapinda relationship
Under the Special Marriage Act, 1954, Section 24 similarly provides for void marriages where conditions of Section 4 are violated.
How courts have interpreted this term
Lily Thomas v. Union of India [(2000) 6 SCC 224]
The Supreme Court held that a Hindu husband who converts to Islam solely to marry a second wife, while the first marriage subsists, commits bigamy under Section 494 IPC. The second marriage is void under Section 11 of the Hindu Marriage Act. The Court declared that a mere conversion to another religion does not automatically dissolve the first Hindu marriage, and any subsequent marriage during the subsistence of the first is void ab initio.
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav [(1988) 1 SCC 530]
The Supreme Court confirmed that a second wife in a bigamous Hindu marriage cannot claim the status of "wife" for purposes of maintenance under Section 125 CrPC, as the marriage is void under Section 11. The Court observed that a void marriage is no marriage in the eyes of law and creates no matrimonial rights between the parties.
Bhagwan Dutt v. Kamla Devi [(1975) 2 SCC 386]
The Supreme Court held that a void marriage requires no decree of court to establish its invalidity — it is a nullity from inception. However, either party may obtain a declaratory decree of nullity under Section 11 for certainty and to settle their respective rights, particularly regarding property and children.
Why this matters
The concept of void marriage is critical because it determines that certain unions have no legal existence whatsoever. This has cascading consequences for maintenance claims, property rights, succession, and immigration status. A void marriage creates no matrimonial rights — neither party can claim maintenance from the other as a spouse, and property acquired during the union is not treated as matrimonial property.
The most commonly encountered void marriage in Indian practice is bigamy — where one party already has a living spouse at the time of the second marriage. Despite the second marriage being void, Section 16 of the Hindu Marriage Act protects children born from such unions by deeming them legitimate. This statutory safeguard ensures that children do not suffer the consequences of their parents' invalid marriage, though their inheritance rights are limited to the property of their parents only and do not extend to other family members.
Practitioners should note the important distinction between void and voidable marriages. A void marriage needs no court decree to be invalid — it is non-existent in law from day one. However, a declaratory decree is practically essential for establishing the parties' legal status, particularly for purposes of subsequent marriage, property settlement, and succession claims. Unlike a voidable marriage, which can only be challenged by the parties to the marriage, a void marriage can be challenged by any person with sufficient interest.
Related terms
Parent concept:
Sibling concept:
Related:
Frequently asked questions
Can a void marriage be validated by the passage of time?
No. A void marriage is a nullity from inception and cannot be validated by the parties living together, having children, or by the passage of any period of time. It remains void regardless of how long the parties have cohabited.
Are children born from a void marriage considered legitimate?
Yes. Under Section 16 of the Hindu Marriage Act, children born from void marriages are deemed legitimate. However, their right to inherit is limited to the property of their parents — they cannot claim inheritance rights in the property of other relatives by virtue of the void marriage.
What is the difference between a void marriage and a voidable marriage?
A void marriage is non-existent from inception and requires no court decree to be invalid, while a voidable marriage is valid until annulled by a court decree. Anyone with sufficient interest can challenge a void marriage, but only a party to the marriage can seek annulment of a voidable marriage. A void marriage can be challenged at any time, while voidable marriages have specific time limitations.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.