hindu law void marriages

“VOID MARRIAGES”- WITH

RESPECT TO THE HINDU

MARRIAGE ACT 1955.

By,

MOHAMMED HAROON RASHEED

B.A.LL.B (Hons.), [BSW] & [LLM]

Advocate

Email ID: [email protected]

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(c)2013 MD HAROON RASHEED, ADVOCATE

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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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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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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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 MeenaNavalkar 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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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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With reference to section 3 (g) of the same act.

“Degrees of Prohibited Relationship”

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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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hindu law void marriages

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