Voidable Marriage under Hindu Marriage Law

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A Hindu marriage becomes voidable in the following situations:

One of the spouses is impotent.
If the conditions for marriage have not been fulfilled. Before 1978, a guardian had to give consent on behalf of the child getting married. The reason this practice was not followed after 1978 is due to the implementation of the Child Marriage Restraint (Amendment) Act, 1978.
At the time of marriage, the woman was pregnant by some person other than the spouse.
In cases where the consent was obtained by fraud or force.

If one of these conditions are fulfilled, you can go to Court to annul your marriage.

Registration of marriages under Hindu Law is given under Section 8 of the Hindu Marriage Act. Different states have different rules.

Void marriages are invalid from the beginning. Under the Hindu Marriage Act, Section 11 states certain situations where the marriage is void.

If either one of the parties is not of marriageable age, the marriage is considered a child marriage and is a voidable marriage.

If you are governed by Hindu law or customs, then you can marry under the Hindu Marriage Act. This includes Buddhists, Jains and Sikhs.

For a marriage to be legally recognized as a Hindu marriage, certain conditions must be met with respect to age, soundness of mind, etc.

A sapinda can be from your father’s side or mother’s side. You are not eligible for a Hindu marriage if you marry someone who is a Sapinda.