Section 11 of HMA : Section 11: Void Marriages

Explanation using Example

Imagine a scenario where Raj and Simran, both Hindus by religion, decide to get married. After their marriage, it is discovered that Raj was already married to another woman at the time of his marriage to Simran. This contravenes condition (i) of Section 5 of The Hindu Marriage Act, 1955, which states that neither party should have a spouse living at the time of the marriage. Consequently, Simran can file a petition in the family court for a decree of nullity, which means that the court can declare her marriage to Raj as null and void, as if it never legally existed.