By S&S Co. Advocates & Solicitors · Published 14 February 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
Under Section 5 of the Hindu Marriage Act, 1955, a marriage is valid only if conditions such as the absence of a living spouse at the time of the marriage are satisfied. Section 5(i) requires that neither party has a spouse living at the time of the marriage, and a marriage in breach of it is void under Section 11. Bigamy is also an offence, now under Section 82 of the Bharatiya Nyaya Sanhita, 2023, which replaced the corresponding provision of the Indian Penal Code.
A void marriage is treated as having no legal existence from the start, and a decree is not strictly needed to establish this, although parties usually obtain a declaration for clarity under Section 11. A voidable marriage under Section 12, such as one where consent was obtained by fraud or force, or where a ground such as impotence is shown, is valid until a court annuls it, and only the aggrieved party can seek annulment within the time allowed.
Section 16 provides that children of a void or annulled marriage are legitimate, and the Supreme Court has dealt with their rights in the parents' property. Maintenance and property claims arising from the relationship are decided separately, under Sections 24 and 25 and other laws, where they are available.