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Void and Voidable Marriage in India: Annulment Explained

Some marriages are invalid from the start; others are valid until a court cancels them. Knowing the difference between a void and a voidable marriage matters for remarriage, maintenance and children.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

Annulment is not divorce

A divorce ends a valid marriage. An annulment, or decree of nullity, declares that the marriage was never valid (a void marriage) or cancels a marriage that was defective from the start (a voidable marriage). The Hindu Marriage Act, 1955 deals with these in section 11 and section 12. The Special Marriage Act, 1954 has parallel provisions in sections 24 and 25.

Void marriages: section 11

A Hindu marriage solemnised after the Act came into force is null and void if it breaks any of these conditions of section 5:

• Bigamy: either party had a spouse living at the time of the marriage.
• Prohibited degrees: the parties are within the degrees of prohibited relationship, unless a custom or usage governing both permits the marriage.
• Sapindas: the parties are sapindas of each other, again unless a custom governing both permits it.

A void marriage has no legal effect even without a court decree, but either party may petition the court for a declaration of nullity. Getting that declaration is wise, because it gives a clear record for remarriage, property and official documents. A bigamous marriage can also lead to criminal liability.

Voidable marriages: section 12

A voidable marriage is valid until a court annuls it. Section 12 allows annulment where:

• the marriage was not consummated owing to the impotence of the respondent;
• the marriage broke the mental-capacity condition in section 5(ii), for example because a party was incapable of giving valid consent owing to unsoundness of mind, or suffered from a serious mental disorder;
• the petitioner's consent, or a guardian's consent where it was required, was obtained by force or by fraud about the nature of the ceremony or a material fact or circumstance about the respondent;
• the respondent was, at the time of the marriage, pregnant by some person other than the petitioner.

Time limits and conditions

Section 12(2) puts limits on some of these petitions:

• Force or fraud: no petition is entertained if it is filed more than one year after the force ceased or the fraud was discovered, or if the petitioner, with full consent, lived with the other party as husband or wife after that.
• Pregnancy by another person: the petitioner must have been ignorant of the facts at the time of the marriage, the petition must be filed within one year of the marriage, and there must have been no consensual marital intercourse since the petitioner discovered the facts.

What about underage marriages?

The age condition is not one of the section 11 grounds. A marriage involving a child is instead dealt with by the Prohibition of Child Marriage Act, 2006, which makes it voidable at the option of the person who was a child, and void in certain situations. See our page on child marriage law and legal age for marriage.

Children of void and voidable marriages

Section 16 of the HMA protects children. A child of a void marriage is legitimate, whether or not a decree of nullity is passed. A child of a voidable marriage who was begotten or conceived before the decree of annulment is deemed legitimate as if the marriage had been dissolved by divorce.

Section 16(3) limits the child's property rights to the property of the parents. In Revanasiddappa v. Mallikarjun (2023), a three-judge bench of the Supreme Court held that such a child is entitled to the parents' share in property, including the share the parent would get in joint family property, worked out in the way set by the Hindu Succession Act.

Maintenance after annulment

Annulment does not leave a spouse without remedy. Section 25 of the HMA allows the court to order permanent alimony when it passes "any decree", which courts have read to include decrees of nullity in many cases. Children's maintenance is a separate right. See maintenance and alimony.

Practical steps

• Collect proof of the defect: an earlier marriage certificate for bigamy, medical records for impotence, or messages and witnesses for fraud.
• Watch the one-year limits for fraud, force and pregnancy.
• After annulment, update your records and, if you plan to remarry, read remarriage after divorce and our second marriage section.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

• Hindu Marriage Act, 1955 (India Code)
• Special Marriage Act, 1954 (India Code)
• Supreme Court: Revanasiddappa v. Mallikarjun, judgment of 1 September 2023
• NALSA: free legal aid and helpline 15100

After marriage: more

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