Section 11 Void Marriages and Section 12 Voidable Marriages under the Hindu Marriage Act 1955

Sections 11 and 12 of the Hindu Marriage Act, 1955 deal with two different kinds of defective marriages: marriages that are void because specified essential conditions were violated, and marriages that remain valid unless a court annuls them on a statutory ground.

Updated: 27 September 2026

In simple terms: Section 11 deals with a void marriage where the marriage contravenes Section 5(i), 5(iv) or 5(v). Section 12 deals with a voidable marriage, which may be annulled by a decree of nullity on one of the grounds stated in Section 12(1), subject to the restrictions in Section 12(2).

Meaning of nullity, void marriage and voidable marriage

A decree of nullity is a judicial declaration concerning the legal validity of a marriage. The Hindu Marriage Act uses separate rules for a marriage that is void under Section 11 and a marriage that is voidable under Section 12.

Void marriage

A marriage falling within Section 11 is null and void because it contravenes one of the conditions specifically identified in that section. Either party may present a petition against the other party for a decree declaring the marriage null and void.

Voidable marriage

A marriage falling within Section 12 is voidable, not automatically void. It may be annulled by a decree of nullity when a statutory ground is established and the applicable conditions in Section 12 are satisfied.

Section 11 of the Hindu Marriage Act - Void marriages

Section 11 applies to a marriage solemnised after the commencement of the Hindu Marriage Act, 1955. A marriage is null and void under this provision if it contravenes any of the conditions contained in clauses (i), (iv) or (v) of Section 5.

The provision also enables either party to the marriage to present a petition against the other party and obtain a decree of nullity declaring the marriage void.

Section 5 conditions relevant to a void marriage under Section 11

Section 11 does not apply to every breach of Section 5. It specifically refers to Section 5(i), Section 5(iv) and Section 5(v).

Section 5(i) - Existing spouse: neither party should have a spouse living at the time of the marriage.
Section 5(iv) - Prohibited relationship: the parties should not be within the degrees of prohibited relationship, unless a custom or usage governing each of them permits such a marriage.
Section 5(v) - Sapinda relationship: the parties should not be sapindas of each other, unless a custom or usage governing each of them permits such a marriage.

For the complete conditions for a Hindu marriage, see Section 5 - Conditions for Hindu Marriage.

Section 12 of the Hindu Marriage Act - Voidable marriages

Section 12(1) provides that a marriage solemnised before or after the commencement of the Act is voidable and may be annulled by a decree of nullity on any of the following statutory grounds:

Section 12(1)(a) - Non-consummation owing to impotence

The marriage has not been consummated owing to the impotence of the respondent.

Section 12(1)(b) - Contravention of Section 5(ii)

The marriage contravenes the condition specified in Section 5(ii), which concerns the mental-capacity conditions for a Hindu marriage.

Section 12(1)(c) - Consent obtained by force or fraud

The petitioner's consent, or the consent of a guardian where such consent was required under the former law referred to in the provision, was obtained by force or by fraud as to the nature of the ceremony or as to a material fact or circumstance concerning the respondent.

Section 12(1)(d) - Respondent pregnant by another person

The respondent was, at the time of the marriage, pregnant by a person other than the petitioner.

Section 12(2) restrictions and time limits

Section 12(2) places additional restrictions on petitions based on force or fraud under Section 12(1)(c), and on petitions based on pregnancy by another person under Section 12(1)(d).

For a petition based on force or fraud

The petition must not be presented more than one year after the force ceased to operate or, as the case may be, after the fraud was discovered.
The petitioner must not, with full consent, have lived with the other party as husband or wife after the force ceased or after discovery of the fraud.

For a petition based on pregnancy by another person

The court must be satisfied that the statutory requirements in Section 12(2)(b) are met. For a marriage solemnised after commencement of the Act, the proceeding must be instituted within one year from the date of marriage. The petitioner must also have been ignorant of the alleged fact at the time of marriage, and consensual marital intercourse must not have taken place after discovery of the ground.

Important: The one-year rules in Section 12(2) are tied to the particular grounds specified there. They should not be treated as a general one-year limitation applicable to every petition under Section 12.

Difference between a void marriage and a voidable marriage

Point	Section 11 - Void marriage	Section 12 - Voidable marriage
Nature	Marriage is null and void when it falls within Section 11.	Marriage is voidable and may be annulled by a decree.
Relevant grounds	Contravention of Section 5(i), 5(iv) or 5(v).	Grounds specified in Section 12(1)(a) to (d).
Court relief	Either party may seek a decree declaring the marriage null and void.	A party may seek annulment by a decree of nullity on a statutory ground.
Special restrictions	Section 11 itself identifies the Section 5 conditions that make the marriage void.	Section 12(2) imposes additional restrictions for grounds under Section 12(1)(c) and 12(1)(d).

Official law source

For the authoritative statutory text and amendments, refer to the Government of India source:

India Code - The Hindu Marriage Act, 1955

This article is an explanatory guide. In a legal proceeding, the current statutory text, applicable amendments and relevant judicial decisions should be checked for the facts of the case.