Under the Hindu Marriage Act, marriages that violate core statutory requirements are classified as either null and void *ab initio* or voidable at the option of a spouse.
1. Void Marriages: Section 11 HMA
A marriage is completely null and void from its inception if it violates any of the three mandatory conditions under Section 5:
- Bigamy (Section 5(i)): Either party has a spouse living at the time of the marriage.
- Sapinda Relationship (Section 5(v)): The parties are Sapindas of each other (within 3 generations through mother, 5 generations through father), unless permitted by custom.
- Prohibited Degrees (Section 5(iv)): The parties are within degrees of prohibited relationship, unless permitted by custom.
2. Voidable Marriages: Section 12 HMA
A marriage is voidable (valid until annulled by a court decree) on the following specific grounds:
- Impotency (Section 12(1)(a)): The marriage has not been consummated due to the impotence of the respondent.
- Unsoundness of Mind (Section 12(1)(b)): Contravention of the mental capacity requirements under Section 5(ii).
- Consent by Force or Fraud (Section 12(1)(c)): Consent of the petitioner was obtained by force or fraud regarding material facts or ceremonies.
- Pre-marital Pregnancy (Section 12(1)(d)): The respondent was pregnant by someone other than the petitioner at the time of marriage.