The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.

1. “VOID MARRIAGES”- WITH
RESPECT TO THE HINDU
MARRIAGE ACT 1955.
By,
MOHAMMED HAROON RASHEED
B.A.LL.B (Hons.), [BSW] & [LLM]
Advocate
Email ID: adv.mdharoon@gmail.com
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2. THE CONCEPT OF MARRIAGE WITH RESPECT
TO HINDU LAW.
 It is a holy sanskar (sacrament) .
 “conjunctic martitet peminae est de nature”
- To keep husband and wife together is the law of the
nature.
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4. WHAT ARE “VOID MARRIAGES”?
 Section 11 of The Hindu Marriage Act 1955.
• if any marriage contravenes:
 Section 5 sub-clause (i);
 Section 5 sub-clause (iv);
 & Section 5 sub-clause (v);
Respectively.
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5. THE CONDITIONS NOT TO BE CONTRAVENED …..
 Section 5 sub-clause (i);
- “neither party has a spouse living at the time of the
marriage;”
Here, the expression ‘spouse’ is used meaning a
lawfully married husband or wife. – Parkash
Chander v Parmeshwari AIR 1987 P&H 37;
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6.  Section 5 sub-clause (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.”
- it is observed in the case of Arun Navalkar v Meena
Navalkar AIR 2006 Bom 342 that, ‘when
sapindaship is a specific ground for violability of
marriage, the absence of a custom permitting such
marriage, the absence of a custom permitting such
a marriage will make the marriage void.’
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7.  Section 5 sub-clause (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;” – Shakuntala Devi v Amar Nath AIR 1982
P&H 221.
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8.  With reference to section 3 (g) of the same act.
“Degrees of Prohibited Relationship”
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9. Void Marriage (Section 11) : Any marriage solemnized at 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.
Thus a marriage will be void ab initio–
i) if any party to marriage has a spouse living at the time of
marriage [Section 5(i)];
ii) if the parties are within the decree of prohibited
relationship unless the custom or usage governing each of them
permits such a marriage [Section 5 (iv)];
iii) if the parties are sapindas of each other, unless the
custom or usage governing each of them permits such a
marriage [Section 5(v)].
Section 11 is not applicable to marriage solemnized before the
commencement of the Hindu Marriage Act 1955, i.e. before 18th
May 1955 though such marriage may be void.
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