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Void and Voidable Marriages

 Void and Voidable Marriages

By Shagun Mahendroo


What Are the Differences Between Void and Voidable Marriages?

Violations of Sections 5 (i), (iv) and (v) of the Hindu Marriage Act are known as void marriages, and they have been declared null and void from the start.

Marriages that are voidable are those that are in violation of Section 12 grounds, and such marriages may be annulled by the Court if the section 12 conditions are met. The Definition of Void and Voidable Marriages:

Section 11: Marriages that breach Sections 5 (i), (iv), and (v) of the Hindu Marriage Act will be deemed null and void from the outset upon the parties request.

Section 12: The Hindu Marriage Act section 12 is broken into below two parts.

  1. Any marriage performed before or after the enactment of this Act is revocable and may be dissolved by a declaration of nullity for any of the reasons listed below: The marriage could not be consummated due to the respondent's impotence; the condition set forth in clause (ii) of section 5 was breached in the marriage; or Force or fraud were used to get the petitioner's or guardian's consent; or At the time of the marriage, the respondent was pregnant by someone other than the petitioner.

  2. Part 2 of Section 12: Regardless of what is stated in Part 1, no petition for annulment of marriage shall be filed: Under subsection (1), clause (c), the following arguments are permissible: If the petition is filed more than one year after the force went out of business or, in some cases, after the fraud was uncovered; After the force ceased to function or, as the case may be, after the petitioner lived as husband or wife with the other party to the marriage with his or her valid consent.

Must not be considered unless the court is satisfied on the grounds set forth in sub-section (d) (1).

The petitioner was unaware of the circumstances asserted at the time of the marriage; in the case of a marriage solemnised before the enactment of this Act, proceedings were initiated within one year of the Act's enactment, and in the case of marriages solemnised after the start of this Act, proceedings were initiated within one year of the date of the marriage; and


There has been no marital intercourse with the petitioner's consent since the petitioner learnt of the presence of 15-year-olds. The husband's failure to divulge his age and the knowledge that he has major children at the time of marriage constituted fraud and concealment of material facts influencing the marriage.

The bridegroom's age was misrepresented to the mother acting as an agent, and the daughter consented to the marriage believing that the information was true.


Either the husband or the wife can seek an annulment of marriage in District Court. Section 19 of the Hindu Marriage Act allows either party to seek the jurisdiction of the Principal Judge of the Family Court.

Every petition under Section 19 of the HMA must be submitted at the original civil jurisdiction's Family Court, where:

  1. The wedding took place.

  2. The address of the respondent's home.

  3. The parties' last known address.

  4. If the petitioner is the wife, the address at which she resides at the time the petition is filed.
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