INTRODUCTION

In Hindu family law under the Hindu Marriage Act of 1955, marriages are classified into three categories: valid, void, and voidable. A marriage is considered valid when it meets all legal requirements such as age, consent, and absence of prohibited relationships. Void marriages are those that are illegal from the beginning due to reasons like bigamy or within prohibited degrees of relationship. Voidable marriages are initially valid but can be annulled upon petition due to issues like fraud, impotence, or mental instability. This legal framework aims to uphold the sanctity of marriage while addressing circumstances that compromise its legality or validity.

VALID, VOID & VOIDABLE MARRIAGES

A marriage which is not valid may be void or voidable. A void marriage is one which has no legal status. The courts regard such marriage as never having taken place and no rights and obligations will thus ensue. It is void ab initio, i.e., right from its inception. Hence, the parties are at a liberty to contract another marriage without seeking a decree of nullity of the first so-called marriage. A voidable marriage on the other hand, is a marriage which is binding and valid, and continues to subsist for all purposes until a decree is passed by the court annulling the same. Thus, so long as such decree is not obtained, the parties enjoy all the rights and obligations which go with the status of marriage. A remarriage by any of the parties without a decree of nullity is illegal as it would amount to bigamy.

A marriage solemnized in contravention of the following conditions is void under the Hindu Marriage Act, 1955, when:

1. Either party has a living spouse living at the time of marriage;
2. Parties are within the degrees of prohibited relationship, unless custom or usage governing them permits such marriage;

• The parties are sapindas of each other, unless custom or usage permits such marriage.

A marriage is voidable under the Hindu Marriage Act, 1955 under the following conditions, viz”

1. The marriage has not been consummated owing to the impotence of the respondent; or
2. Any of the parties is incapable of giving valid consent because of unsoundness of mind, or though capable of giving a valid consent, has been suffering from mental disorder to such an extent as to be unfit for marriage and procreation of children, or has been suffering from recurrent attacks of insanity;

• The consent to the marriage has been obtained from force or fraud;

1. The respondent was pregnant at the time of marriage by some person other than the petitioner.

The relief of annulment of marriage can be sought only by “either party to the marriage, against the other”. Thus, none other than a party to the marriage can challenge the marriage and seek relief. Hence, previous wife or husband of second bigamous marriage not being party to the second marriage, has no locus standi to file a petition for annulment of the marriage.[i] In Ajay Chandrakar v. Ushabai, a husband entered into a second marriage and the first wife filed a petition for annulment under Section 11 of the Hindu Marriage Act.[ii] Dismissing the same the court held that the relief under this Section is available only to a person who is a party to such marriage and the first wife not being a party, cannot do so. Likewise, in Prashant Kumar Verma v. Babita a petitioner who was not party to second marriage was held not to have any locust standi to get the second marriage declared as void.[iii]

Bigamy

Except for Islam, all personal law statutes in the country impose monogamy as a rule, and any marriage performed in contravention of the provisions imposing monogamy, is illegal. In fact, such marriage is void under almost all statutes and does not establish any relationship of husband and wife between the parties Section 17 of the Hindu Marriage Act, 1955 provides for the punishment of bigamy. As per the Section, any marriage between two Hindus solemnized is void if at the date of such marriage either party had a husband or a wife living; and the provisions of Section 494 and 495 of the Indian Penal Code, 1860 [now Section 82 of the Bharatiya Nyaya Sanhita, 2023] shall apply accordingly. Seconding marriage during subsistence of first marriage performed prior to the Hindu Marriage Act coming into force is not void. The Act is prospective and not retrospective, the court held in Sushila Bai Vasudev Rao v. Govind Rao. [iv]

Section 494 of the IPC did not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage shall before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Section 495 of IPC deals with the same offence with concealment of former marriage from person with whom subsequent marriage is contracted. Whoever commits the offence defined in Section 494, having concealed from the person with whom the subsequent marriage is contracted, the fat of the former marriage, shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

Nullity

As per Section 18 of the Act, any husband or wife may present a petition to the District Court praying that his or her marriage may be declared as null and void.

CONCLUSION

The Hindu Marriage Act of 1955 provides a comprehensive framework that categorizes marriages into valid, void, and voidable, ensuring legal clarity and protection of marital rights. Valid marriages uphold all legal requirements, while void marriages are deemed illegal from inception, warranting no rights or obligations. Voidable marriages, initially binding, can be annulled due to specific grounds such as fraud or incapacity. This legal structure not only aims to preserve the sanctity of marriage but also addresses circumstances compromising its legality.

Furthermore, the Act strictly prohibits bigamy across all personal laws except in Islam, reflecting a commitment to monogamy and marital fidelity. Any marriage contravening these provisions is illegal, subject to penalties under the law. The Act’s provisions ensure that only parties directly involved can seek annulment, emphasizing their exclusive right to challenge the validity of their marriage.

[i] Ram Prasad v. State of UP, AIR 1961 All 334.

[ii] Ajay Chandrakar v. Ushabai, (2000) AIHC 1292 (MP): LNIND 1999 MP 395.

[iii] Prashant Kumar Verma v. Babita, 2018 (190) ALC 505 Patna,

[iv] Sushila Bai Vasudev Rao v. Govind Rao, AIC 2016 (164) Hyd 114.