Section 11 in HMA 1955:

Any marriage solemnised after 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.

Explained:

Section 11 of the Hindu Marriage Act, 1955 deals with void marriages and provides a legal remedy for declaring a marriage null and void when it violates specific statutory conditions. This provision is important in matrimonial disputes involving bigamy, prohibited relationships and marriages between close relatives.

Conditions for a Void Marriage

Under Section 11, a marriage solemnised after the commencement of the Act may be declared null and void by a competent court if it violates any of the following conditions under Section 5:

1. Section 5(i): Either party has a living spouse at the time of marriage.
2. Section 5(iv): The parties are within prohibited degrees of relationship, unless a valid custom or usage permits the marriage.
3. Section 5(v): The parties are sapindas of each other, unless a valid custom or usage permits the marriage.

Either party to such a marriage may file a petition against the other party seeking a decree of nullity. Section 11 must be distinguished from Section 12, which deals with voidable marriages that remain legally effective unless annulled by a court.

Important Judgments

1. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)

The Supreme Court held that a marriage solemnised in violation of Section 5(i), where one party has a living spouse, is void from its inception. The judgment clarified the legal consequences of a second marriage during the subsistence of the first marriage.

2. M.M. Malhotra v. Union of India (2005)

The Supreme Court explained that a marriage violating the monogamy requirement under Section 5(i) is null and void under Section 11. The decision is significant for understanding the statutory consequences of bigamous marriages.

3. Gullipilli Sowria Raj v. Bandaru Pavani (2008)

The Supreme Court emphasised that the Hindu Marriage Act applies to marriages between Hindus and that its statutory conditions must be satisfied for a valid marriage under the Act.

Conclusion

Section 11 protects the legal framework governing Hindu marriages by identifying specific grounds on which a marriage may be declared void. Understanding its relationship with Section 5 is essential when dealing with matrimonial litigation and petitions for a decree of nullity.