Void vs Voidable Marriages — Hindu Law (Family Law I) Notes

Void and Voidable Marriages

In Purba Devi v. Ram Prasad (1996), the Allahabad High Court had to decide whether children born of a voidable marriage (where the wife was already married) were legitimate. The court drew the critical distinction: children of void marriages are legitimate under Section 16; children of voidable marriages (before annulment) are also legitimate.

Void Marriages — Section 11

A void marriage is no marriage at all — it is void ab initio [from the beginning]. No court decree is needed to declare it void, though a decree of nullity may be sought for certainty.

Grounds (Section 11 + Section 5):

• Bigamy — living spouse of either party [S.5(i)]
• Sapinda relationship [S.5(v)]
• Prohibited degrees of relationship [S.5(iv)]

Voidable Marriages — Section 12

A voidable marriage is valid until a court annuls it. Only the aggrieved party can file a petition.

Grounds (Section 12):

• Impotence — either party was incapable of consummating the marriage and remains incapable [S.12(1)(a)]
• Mental disorder at the time of marriage [S.12(1)(b)]
• Consent obtained by force or fraud [S.12(1)(c)] — petition must be filed within 1 year of discovering the fraud
• Pre-marriage pregnancy by another man [S.12(1)(d)] — petitioner must be ignorant of the fact; petition within 1 year of marriage

Case Laws

• Smt. Yamunabai Anantrao Adhav v. Anantrao (1988) — Second wife in a bigamous marriage is not a “wife” for maintenance under S.125 CrPC; marriage is void.
• Reema Aggarwal v. Anupam (2004) — Supreme Court: a wife in a void or voidable marriage can still claim maintenance under the domestic violence provisions.

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