Petition for Nullity of Marriage Under Section 11 of the Hindu Marriage Act, 1955

Marriage under Hindu law creates legal rights and obligations. However, not every marriage is legally valid. Therefore, when a marriage violates mandatory legal conditions, the law allows the aggrieved party to seek the nullity of the marriage.
In this article, we explain Section 11 of the Hindu Marriage Act, the concept of bigamy, the procedure for filing a nullity petition, the required documents, reasons for filing such a petition, and important FAQs.

What Is a Petition for Nullity of Marriage?

A petition for nullity of marriage is a legal application filed before a Family Court seeking a declaration that a marriage is void from the beginning.
In other words, the law treats such a marriage as non-existent in the eyes of the law.

👉 Unlike divorce, nullity does not dissolve a valid marriage. Instead, it declares that no valid marriage ever existed.

Legal Provision: Section 11 of the Hindu Marriage Act

Section 11 – Void Marriages

A marriage is void if it contravenes any of the following conditions under Section 5 of the Act:

One party has a living spouse at the time of marriage

Parties are within prohibited degrees of relationship

Parties are sapindas (unless custom permits)

Among these, bigamy is the most common ground.

What Is Bigamy Under Hindu Law?

Meaning of Bigamy

Bigamy means marrying again during the lifetime of a legally wedded spouse.

Also, bigamy is the act of entering into a marriage with one person while still being legally married to another person.
In simple terms:

You are already married (and that marriage is valid and not dissolved through divorce, annulment, or death of the spouse).
You then marry someone else (or go through a marriage ceremony with them).
→ This second marriage is usually void (legally invalid) from the start.

Legal Position

Hindu law strictly prohibits second marriage during the subsistence of the first marriage

Such a marriage is void ab initio

Additionally, bigamy is a criminal offence

Relevant Law

Section 5(i), Hindu Marriage Act, 1955

Section 11, Hindu Marriage Act, 1955

And section 494 IPC (Criminal liability)

👉 Therefore, if a husband marries again without divorcing his first wife, the second marriage has no legal validity.

Why a Petition Under Section 11 Is Required

Although the marriage is void by law, a formal court declaration is essential. Therefore, a nullity petition becomes necessary.

Key Reasons

To obtain official legal status

Avoid future disputes

To claim maintenance and protection

To remarry legally

Prevent misuse of marital status

To strengthen criminal and DV proceedings

Thus, filing a Section 11 petition provides legal clarity and protection.

Procedure for Filing Petition for Nullity of Marriage

Step-by-Step Process
Step 1: Consultation with a Family Lawyer

First, consult an advocate to examine:

Validity of first marriage

Evidence of second marriage

Applicability of Section 11

Step 2: Drafting of Petition

Next, the petition includes:

Details of both parties

Facts of first subsisting marriage

Date and place of second marriage

Grounds under Section 11

Prayer for declaration of nullity

Step 3: Filing Before Family Court

Thereafter, the petition is filed:

Where marriage was solemnized, or

Where parties last resided together, or

And where the wife resides

Step 4: Court Notice and Reply

The court issues notice to the respondent. Subsequently, the respondent files a reply.

Step 5: Evidence and Hearing

Then, documentary and oral evidence is presented.

Step 6: Final Order

Finally, the court declares the marriage null and void.

Documents Required for Nullity Petition

To succeed, proper documentation is crucial. Therefore, keep the following ready:

Marriage certificate or proof of second marriage

Proof of first marriage (certificate, photos, witnesses)

Proof that first spouse is alive

Identity proof (Aadhaar, PAN)

Address proof

Photographs of marriage ceremonies

Affidavit of facts

Any communication proving deception (if applicable)

Hence, divorce is not the correct remedy for a void marriage.

Maintenance and Protection for Second Wife

Although the marriage is void, courts have adopted a protective approach.

Available Remedies

Section 125 CrPC – Maintenance

Domestic Violence Act, 2005

Right to residence

Compensation and protection orders

Frequently Asked Questions (FAQs)

Q1. Can divorce be filed instead of nullity?

No. Divorce applies only to valid marriages. Therefore, nullity under Section 11 is the correct remedy.

Q2. Is the second wife entitled to maintenance?

Yes. Courts grant maintenance under Section 125 CrPC and the Domestic Violence Act.

Q3. Is bigamy a criminal offence?

Yes. Under Section 494 IPC, bigamy is punishable with imprisonment up to 7 years.

Q4. Who can file a nullity petition?

Either party to the void marriage can file the petition.

Q5. Is there any limitation period?

No strict limitation applies. However, early filing is always advisable.

Q6. Can children from void marriage claim rights?

Yes. Children are legitimate under Section 16 of the Hindu Marriage Act.

Conclusion

In conclusion, Section 11 of the Hindu Marriage Act, 1955 provides a strong legal remedy against illegal marriages, especially those involving bigamy. Therefore, instead of filing for divorce, an aggrieved spouse must seek a declaration of nullity.
Moreover, the law safeguards the rights of innocent women and children through maintenance and protection laws. Consequently, timely legal action ensures justice, clarity, and future security.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.