Void & Voidable marriage section 11 & 12 H.M.A. by Pratigya Darpeby

Void and voidable marriage
Void marriage in section 11 of Hindu Marriage Act , 1955
A void marriage is a no marriage at all , Court considers a void marriage as if the marriage never existed in the first place . Void ab initio i.e., void from an inception .
if any marriage contravene ( to break a law or a rule ) any one of the conditions specified in clauses 1 , 4 & 5 .

Voidable marriage in section 12 of Hindu Marriage Act , 1955

Voidable marriage is binding and valid until the decree from court is passed for annulling it .
If any marriage is contravene ( to break a law or a rule ) any condition specified in clauses 2 and 3 of Section 5 .
there are other grounds for making a marriage voidable under section 12.
1. If the marriage is not been consummated owing to importance of the respondent.
2. The respondent is pregnant at the time of marriage by some other person other than petitioner .
3. If the consent is obtained by fraud or force.

we can see that in Hindu Marriage Act , 1955 in section 5 clause (iii ) , the minimum age limit for marriage is given , but we can also see that if the bride or groom are not of the minimum age the marriage is ‘voidable’ and not ‘void’ .
This is not the case in the special Marriage Act ,1954 where it is considered a void marriage.

Though this child marriage is still punishable under Section 18 of Hindu Marriage Act and also under prohibition of Child Marriage Act , 2006.

Case laws :-

P.Venkataramana v. State (1977)
{ Violation of 494 – IPC }

Hear a wife file a case against his husband in the High Court
That her husband is punishable under section 494 IPC
In defence husband says that at the time of their marriage that is 1959, his age was 13 years and the wife who complaint was only nine years.
Hence here according to , clause 3 of section 5 Hindu marriage act , the marriage is no marriage in the eyes of law .
Hence the marriage between them is void marriage.
So, he had not committing any offence under section 494 IPC by marrying another girl because according to law he is unmarried.

Judgement — the court here clearly says that the marriage under the minimum age is the legal marriage , but only consequences of this marriage is that the person concerned are liable to punish under section 18, and under clause (iv) of sub-section (2) of section 13 an option to repudiate the marriage has been given to the wife. The appeal against conviction was accordingly, dismissed as the husband had committed an offence under section 494 of I.P.C.

Thank you .

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