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 nullity of marriage.

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 law.

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

Section 11 of the Hindu Marriage Act

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.

Frequently Asked Questions (Bigamy & Second Marriage Fraud)

❓ My husband was already married and hid it. Is my marriage valid?

Answer: No. Under Section 5(i) read with Section 11 of the Hindu Marriage Act, 1955, a second marriage during the subsistence of the first marriage is void. Therefore, such a marriage has no legal validity from the beginning.

❓ What should I do if I unknowingly married a married person?

Answer: You should file a Petition for Nullity of Marriage under Section 11 of the Hindu Marriage Act. Additionally, you may claim maintenance under Section 125 CrPC and seek protection under the Domestic Violence Act, 2005.

❓ Should I file divorce or nullity of marriage in this case?

Answer: Divorce applies only to valid marriages. Since a second marriage during an existing marriage is void, the correct remedy is nullity of marriage under Section 11, not divorce.

❓ Can a second wife get maintenance if the marriage is void?

Answer: Yes. Courts have held that a woman who was deceived into marriage is entitled to maintenance under Section 125 CrPC and relief under the Domestic Violence Act, even if the marriage is void.

❓ Is bigamy a criminal offence in India?

Answer: Yes. Bigamy is a criminal offence under Section 494 of the Indian Penal Code, punishable with imprisonment up to seven years and fine.

❓ Can I file a domestic violence case if my marriage is void?

Answer: Yes. The Domestic Violence Act protects women in a relationship in the nature of marriage. Therefore, you can seek maintenance, residence rights, protection orders, and compensation.

❓ What documents are required to file a nullity of marriage petition?

Answer: Important documents include proof of first marriage, proof that the first spouse is alive, proof of second marriage, identity proof, address proof, photographs, and supporting affidavits.

❓ Which court has jurisdiction to file a nullity petition?

Answer: A petition can be filed in the Family Court where the marriage was solemnized, where the parties last resided together, or where the wife currently resides.

❓ Are children from a void marriage considered legitimate?

Answer: Yes. Under Section 16 of the Hindu Marriage Act, children born from a void marriage are legitimate and have rights in the parents’ property.

❓ Is there a time limit to file a nullity of marriage case?

Answer: There is no strict limitation period. However, it is advisable to file the petition as early as possible to protect legal and financial rights.

❓ Can I remarry after a marriage is declared null and void?

Answer: Yes. Once the court declares the marriage null and void, you are legally free to remarry.

❓ Can I file both civil and criminal cases together?

Answer: Yes. You may simultaneously file a nullity petition, maintenance case, domestic violence case, and criminal complaint for bigamy, depending on facts.

❓ How long does a nullity of marriage case take?

Answer: The duration depends on evidence and court workload. However, since the issue is purely legal, such cases are often resolved faster than contested divorce cases.

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.