Indian Law Primer

Blog about law, India and matters pertaining to Indian law

Nullity of marriage : Void marriages

According to section 11 of the Hindu Marriage Act, 1955 any marriage solemnized after the commencement of the 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 :

  1. either party has a spouse living at the time of the marriage
  2. the parties are within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two
  3. the parties are sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two

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